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V2462-23 14 September 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

The right to the deduction for investment in primary residence is maintained upon replacement of a mortgage loan

A taxpayer inquires whether they may continue to claim the deduction for investment in their primary residence after canceling their current mortgage loan and entering into a new one with a different entity. The DGT responds that if the cancellation and the new contracting are carried out simultaneously, the right to the deduction is maintained.

The question raised

Question posed: Whether, after performing the restructuring operation through cancellation and new contracting of a loan, the taxpayer will have the same right to deduct the amounts that this amortizes or satisfies. Whether the expenses generated by the operation are deductible.

The DGT's ruling

The novation, subrogation, or replacement of a loan does not exhaust the possibility of applying the deduction, provided that the new loan is intended to amortize the previous one. If the cancellation and the signing of the new contract occur in the same simultaneous act, the expenses generated by the operation are also deductible. However, if a cancellation occurs and subsequently, without a direct connection, a new loan is contracted, the right to the deduction for the new financing would be lost. The portion of the new principal intended for purposes other than the residence shall not be deductible.

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