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The inquirer asks whether the exemption for transferring a primary residence in lieu of debt repayment applies if the transfer is made to an entity other than the creditor. The Directorate General for Taxes (DGT) responds that the exemption is applicable provided that the creditor mandates the transfer to a third party and all legal requirements are met.
This ruling clarifies the scope of tax exemptions for debt settlements involving property, confirming that the recipient does not necessarily have to be the original creditor to qualify for the exemption.
The tax team reviews your specific situation.
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