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V2226-21 ·4 August 2021 ·consulta-vinculante Medium impact
Tax

Reinvestment exemption does not apply to parts of a property segregated and sold before three years of residence

The taxpayer sold their primary residence and purchased a new property that includes an annex. They proposed to segregate and sell the swimming pool and changing room area before completing the three-year residency period in the new home. The Directorate-General for Taxes (DGT) ruled that the exemption will not apply to the part of the building that has not attained the status of a primary residence.

In 6 key points

How it affects those involved

This ruling limits the scope of the reinvestment relief for capital gains, clarifying that segregated portions of a property must also meet the residency requirements to qualify for the tax exemption.

Lifecycle

2021-08-04PublishedPublished 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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