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V0217-26 ·4 February 2026 ·consulta-vinculante Medium impact
Tax

Exemption for habitual residence lost after two years

A taxpayer over 65 asks whether they can claim the exemption for transfer of habitual residence after renting their home for 14 years. The DGT states this is not possible as the property lost its status as habitual residence after exceeding two years without effective residence.

In 6 key points

How it affects those involved

Taxpayers who have rented their home for more than two years cannot claim the exemption for transfer of habitual residence.

Lifecycle

2026-02-04PublishedPublished 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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