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V3219-18 ·19 December 2018 ·consulta-vinculante Medium impact
Tax

Main residence exemption does not apply if full ownership is split between bare owner and usufructuary

A taxpayer inquired whether the sale of a property in which they hold bare ownership is exempt from Personal Income Tax (IRPF). The Directorate General for Tax Regulations (DGT) ruled that the main residence exemption requires full ownership and a three-year period of residence starting from the date of acquisition.

In 6 key points

How it affects those involved

This ruling clarifies that taxpayers holding only bare ownership cannot benefit from the main residence tax exemption, as the legal requirement for full ownership is not met.

Lifecycle

2018-12-19PublishedPublished 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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