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A taxpayer inquired whether the reinvestment exemption could be applied when selling an old property and using the proceeds to purchase the remainder of their current home. The Directorate General for Taxes (DGT) clarified that, following Supreme Court jurisprudence, the departing spouse is still considered to be transferring their main residence if the other spouse remained in it.
This clarification provides legal certainty for taxpayers undergoing property settlements following divorce or separation, confirming that the transfer of ownership rights in a shared main residence qualifies for tax relief under reinvestment rules.
The tax team reviews your specific situation.
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