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V1748-24 ·16 July 2024 ·consulta-vinculante Medium impact
Tax

Reinvestment exemption unavailable if property is transferred more than two years after ceasing to be a primary residence

A taxpayer intends to lease their property under a rent-to-buy agreement for three years before selling it to reinvest in another home. The DGT has ruled that a purchase option contract triggers two separate changes in assets. Consequently, the reinvestment exemption would not apply because the sale would take place more than two years after the property ceased to be the taxpayer's primary residence.

In 6 key points

How it affects those involved

Taxpayers planning to use rent-to-buy schemes must be aware that the two-year limit for the reinvestment exemption is calculated from the moment the property ceases to be a primary residence, not from the date of sale.

Lifecycle

2024-07-16PublishedPublished 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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