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V2604-25 23 December 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Right to deduction for investment in primary residence maintained on loan replacement

The consultant asks whether they can continue claiming the deduction for investment in a primary residence after cancelling an old mortgage and taking out a new one with another lender. The DGT responds that the right to deduction is not lost if cancellation and the new loan are carried out simultaneously.

The question raised

Whether, after performing the restructuring operation through cancellation and new loan contracting, the same right to deduct will be held for the amounts it amortizes or satisfies. Whether the expenses generated by the operation are deductible.

The DGT's ruling

The substitution of one loan for another does not exhaust the possibilities 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 a single act, the right to the deduction for the installments and interest paid is maintained. Furthermore, the appraisal, notary, and registry expenses generated by the operation are deductible. However, the portion of the new loan intended to finance concepts other than housing shall not be eligible for deduction.

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