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A couple over the age of 65, where one holds bare ownership and the other holds a life interest, inquired whether they could apply for the exemption regarding the transfer of a primary residence. The Directorate General for Taxes (DGT) ruled that they cannot apply for the exemption because tax benefits related to the primary residence require full ownership of the property.
This ruling clarifies that partial ownership, such as bare ownership or usufruct, is insufficient to qualify for tax exemptions on the sale of a primary residence for individuals over 65, as full legal title is a mandatory requirement.
The tax team reviews your specific situation.
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