How the DGT's position has evolved
Current position
The novation, subrogation, or substitution of a loan does not exhaust the right to the deduction for investment in a primary residence if the new loan is used to amortize the previous one. To maintain deductibility, the cancellation of the previous loan and the signing of the new contract must be carried out in a single simultaneous act. Only the installments corresponding to the amortization of the original loan may be deducted, excluding any increase in the principal intended for other purposes.
The DGT's position remains constant regarding the possibility of maintaining the deduction following novation or subrogation operations. The most recent rulings (2024 and 2026) specify that simultaneity in cancellation and signing is the necessary condition for the derived expenses to be deductible. No change in criterion is observed, but rather a consolidation of the requirements regarding simultaneity and the destination of the funds.
Turning points
-
Establishes that novation or subrogation does not exhaust the right to the deduction if the new loan amortizes the previous one, provided that the cancellation and signing are simultaneous.
Analysis based on 21 of 23 rulings with a stated position. Updated 24 September 2026.