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A taxpayer inquired whether they could deduct 100% of mortgage payments where they act as a joint and several debtor alongside their parents, having previously only deducted their share (33.33%). The DGT ruled that, if they return to residing in the property, they could deduct the total amount provided they prove the remaining debt was assigned to them by the other debtors.
Cuestión planteada Posibilidad, en la actualidad, de practicar la deducción en función de la amortización del 100% del préstamo.
Si la vivienda vuelve a ser residencia habitual, el contribuyente puede deducir el 100% de las cantidades vinculadas al préstamo. Para ello, debe acreditar que la parte correspondiente a los otros deudores solidarios (66,66%) le fue prestada por ellos mismos. Esto se logra demostrando que el pago de esas cuotas reduce tanto la deuda con el banco como la deuda contraída con los otros prestatarios. No se puede rectificar lo ya pagado por haber prescrito el derecho.
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