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V0035-23 ·16 January 2023 ·consulta-vinculante Medium impact
Tax

Exemption for sale of primary residence may apply if transfer occurs after age 65

A taxpayer inquired whether the Personal Income Tax (IRPF) exemption for the sale of a primary residence applies if a deposit agreement or lease with an option to purchase is signed before age 65, but the sale is formalised afterwards. The Directorate General for Tax (DGT) ruled that the exemption is applicable if the actual delivery of the property takes place when the taxpayer has already reached the age of 65.

In 6 key points

How it affects those involved

This ruling clarifies the temporal requirements for tax exemptions related to the sale of a primary residence, specifically regarding the distinction between the signing of preliminary agreements and the actual transfer of the property.

Lifecycle

2023-01-16PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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