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V3593-20 17 December 2020 · 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 maintained after loan novation, subrogation or replacement

The inquirer asks whether they can continue to claim tax deductions for mortgage payments after changing their loan conditions. The DGT rules that novation or subrogation does not extinguish the right to the deduction, provided the new loan is used to repay the previous one.

The question raised

Question posed: Whether, after performing the restructuring operation under study, the resulting form of indebtedness will grant the same right to deduct the amounts that are amortized or satisfied by the taxpayer.

The DGT's ruling

The novation, subrogation, or substitution of a loan does not conclude the investment financing process nor does it exhaust the deduction. The installments of the new loan entitle the taxpayer to a deduction in the proportional part attributable to the amortization of the original loan. In the event of an increase in the principal, only the portion intended to cover the cancellation costs of the original loan shall be deductible. No deduction is permitted if the debt is canceled and a new credit is obtained without a connection between the two.

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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