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A query was raised regarding whether the transfer of a property in lieu of debt to cancel a mortgage incurs Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that the resulting capital gain is exempt, provided the property is the owner's primary residence and the owner has no other assets available to settle the debt.
This ruling provides legal certainty for homeowners facing foreclosure, confirming that transferring their main home to a bank to settle a mortgage does not trigger a capital gains tax liability under specific conditions.
The tax team reviews your specific situation.
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