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V2475-21 ·29 September 2021 ·consulta-vinculante Medium impact
Tax

No exemption for main residence if the property was not the taxpayer's residence in the two years prior to sale

An individual over 65 is inquiring whether the sale of their former home is exempt from Personal Income Tax (IRPF). The Directorate General of Taxes (DGT) rules that the main residence exemption does not apply because the taxpayer does not reside in the property and has not done so in the two years preceding the transfer.

In 6 key points

How it affects those involved

Taxpayers must ensure they have resided in a property as their primary residence for at least the two years immediately preceding a sale to qualify for the capital gains tax exemption.

Lifecycle

2021-09-29PublishedPublished 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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