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V1914-25 ·15 October 2025 ·consulta-vinculante Low impact
Tax

Requirements for reinvestment exemption in habitual residence: the importance of effective residence

A taxpayer inquired whether selling a property previously used as their habitual residence up to 2018, but briefly reoccupied before selling, would qualify for reinvestment exemption. The DGT responded that the three-year residence period after return was not met, so the property did not regain its status as habitual residence.

In 6 key points

How it affects those involved

The ruling clarifies that a property loses its habitual residence status if the required three-year effective residence period after reoccupation is not fulfilled.

Lifecycle

2025-10-15PublishedPublished 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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