Skip to content
V0796-22 ·11 April 2022 ·consulta-vinculante Medium impact
Tax

Only the proportional share of capital gains from selling a hotel-use property may be exempt if reinvested in a main residence

A taxpayer inquired whether the main residence exemption could apply to the sale of a property with a hotel licence in which they reside. The DGT ruled that only the portion of the building configured and used as a main residence is eligible for the reinvestment exemption.

In 6 key points

How it affects those involved

This ruling clarifies that properties with mixed-use licences (such as hotels) do not qualify for full tax exemptions; the exemption is strictly limited to the residential portion of the asset.

Lifecycle

2022-04-11PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The tax team reviews your specific situation.

Talk to the tax team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact