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V0373-23 ·21 February 2023 ·consulta-vinculante Medium impact
Tax

Full ownership required for three years for a property to be classified as a primary residence

The taxpayer asks whether a property they have resided in since 2006 can be considered a primary residence for the reinvestment exemption, having acquired it through a succession agreement in 2021. The DGT rules that the three-year residency period must be counted from the date full ownership was acquired.

In 6 key points

How it affects those involved

This ruling clarifies that the period of residence required to qualify for tax exemptions must coincide with the period of legal ownership, potentially affecting taxpayers who have lived in a property for a long time before acquiring formal title.

Lifecycle

2023-02-21PublishedPublished 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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