How the DGT's position has evolved
Current position
The deduction for investment in the primary residence under the transitional regime requires ownership of the property and that it serves as the taxpayer's habitual residence. Operations involving novation, subrogation, or loan substitution do not exhaust the right to the deduction, provided there is direct continuity and the proportional part attributable to the original loan is deducted. Deductions for accessibility or adaptation works initiated after 2013 are not permitted, as current regulations do not contemplate this concept.
The DGT's position remains constant in the application of the transitional regime, focusing its analysis on the continuity of financing and ownership. No doctrinal changes are observed, but rather a repeated application of the requirements regarding residence, ownership, and the exclusion of accessibility works. Rulings regarding loan substitution confirm the validity of the right as long as the traceability of the original credit is maintained.
Analysis based on 23 of 25 rulings with a stated position. Updated 23 July 2026.