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V2988-21 ·24 November 2021 ·consulta-vinculante Medium impact
Tax

Donation of bare ownership of primary residence by those over 65 may be exempt from Income Tax

A query was raised regarding whether a woman over 65 could apply the primary residence exemption when donating the bare ownership of her home to her spouse. The Directorate General for Taxes (DGT) ruled that if the property is her habitual residence, the capital gain arising from the donation of the bare ownership is exempt.

In 6 key points

How it affects those involved

This ruling clarifies the tax benefits available to elderly taxpayers when transferring bare ownership of their primary residence, potentially reducing the tax burden on capital gains during estate planning or asset restructuring.

Lifecycle

2021-11-24PublishedPublished 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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