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V2629-25 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 deduct mortgage payments retained after loan transfer

The consultant asks whether mortgage payments can still be deducted after transferring the loan to another lender. The DGT states that loan transfer does not interrupt the financing process nor exhaust the right to deduction.

The question raised

Whether, after performing the restructuring operation through loan subrogation, the taxpayer will retain the same right to deduct the amounts that are amortized or satisfied by it.

The DGT's ruling

The novation, subrogation, or substitution of a loan does not conclude the financing process nor exhaust the possibilities for the deduction, as it only modifies the agreed conditions. The installments of the new loan shall entitle the taxpayer to a deduction in the proportional part attributable to the amortization of the original loan intended for the dwelling. If there is an increase in the principal, only the portion intended to cover the cancellation costs of the previous loan shall be deductible; the increase intended for other purposes shall not be eligible for deduction. To prevent the loss of the right, the cancellation and the new contracting must occur simultaneously.

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