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V0721-23 ·24 March 2023 ·consulta-vinculante Medium impact
Tax

Reinvestment exemption does not apply if the transferred property is not legally owned by the taxpayer

A taxpayer inquired whether the exemption for reinvesting in a primary residence could be applied if the property being sold is owned by their partner (despite both parties contributing to the mortgage) and the new property is owned solely by the taxpayer. The Directorate General for Tax (DGT) ruled that this is not possible, as the exemption requires the taxpayer to be the legal owner of the transferred asset.

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2023-03-24PublishedPublished 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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