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V0359-24 ·12 March 2024 ·consulta-vinculante Medium impact
Tax

Reinvestment exemption cannot be applied if only bare ownership of the property is transferred

The taxpayer sought to determine whether the reinvestment exemption for a primary residence could be applied when selling the bare ownership of her home, following a donation from her father. The Directorate General for Taxes (DGT) ruled that this is not possible, as the exemption requires full ownership of the property.

In 6 key points

How it affects those involved

Taxpayers selling only the bare ownership of a property (nuda propiedad) will not be eligible for the capital gains tax exemption through reinvestment, as full ownership (pleno dominio) is a mandatory requirement.

Lifecycle

2024-03-12PublishedPublished 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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