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V2809-23 16 October 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Right to tax deduction for main residence investment maintained when replacing one loan with another in a single transaction

A married couple inquired whether they would lose their right to the tax deduction for investment in their main residence if they cancelled their current mortgage to take out a new one with a different lender to improve their monthly payments. The Directorate General for Taxes (DGT) ruled that if the cancellation and the new contract are carried out simultaneously, the right to the deduction is maintained.

The question raised

Question posed: Whether, after carrying out the restructuring operation through the cancellation and new contracting of a loan, the taxpayer will have the same right to deduct the amounts that are amortized or satisfied by it.

The DGT's ruling

The novation, subrogation, or substitution of one loan for another does not exhaust the possibilities of applying the deduction, provided that the new loan is intended for the amortization of the previous one. To maintain the right, the cancellation of the original loan and the signing of the new contract must occur in a single simultaneous act. The proportional part of the installments corresponding to an increase in the principal intended for purposes other than the acquisition of the dwelling shall not be deductible.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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