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A query was raised regarding whether the sale of a debtor's primary residence during the liquidation phase of insolvency proceedings, conducted to a third party to settle mortgage debts, allows for an exemption from capital gains tax. The Directorate General for Taxes (DGT) has ruled that such an exemption can be applied, provided all legal requirements are met.
This ruling provides legal certainty for debtors in insolvency proceedings, confirming that the sale of their main home to settle mortgage liabilities can still qualify for capital gains tax relief.
The tax team reviews your specific situation.
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