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V3628-20 ·22 December 2020 ·consulta-vinculante Medium impact
Tax

Full ownership required for three years to qualify for main residence reinvestment exemption

The taxpayer asks whether they can apply for the reinvestment exemption after receiving a property as a gift and subsequently selling it, having resided there for 15 years without being the owner. The DGT rules that the three-year period of residence must be counted from the date the taxpayer acquires legal ownership.

In 6 key points

How it affects those involved

This ruling clarifies that mere residence is insufficient for the reinvestment exemption; the taxpayer must also hold legal title to the property for the required period.

Lifecycle

2020-12-22PublishedPublished 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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