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A query was raised regarding whether the handing over of a property in lieu of payment (dación en pago) or mortgage foreclosure by a non-debtor mortgagor allows for the application of capital gains tax exemption. The Directorate General for Taxes (DGT) indicates that the exemption only applies if the property is the taxpayer's primary residence and the requirements of Article 33.4.d) of the Personal Income Tax Law (LIRPF) are met.
The tax team reviews your specific situation.
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