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V1398-24 ·12 June 2024 ·consulta-vinculante Medium impact
Tax

Exemption for main residence does not apply if sale occurs more than two years after ceasing to reside there

A query was raised regarding whether a 91-year-old individual, who has been in a care home for over two years, can claim the main residence transfer exemption. The DGT ruled that, as more than two years have passed since they ceased residing in the property, it no longer qualifies as a main residence for exemption purposes.

In 6 key points

How it affects those involved

This ruling clarifies the strict two-year limit for maintaining the 'main residence' status for tax exemption purposes, even in cases of dependency or long-term care.

Lifecycle

2024-06-12PublishedPublished 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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