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V0019-22 4 January 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Acquiring a home through inheritance does not qualify for the reinvestment exemption

A taxpayer sold her primary residence and stated her intention to reinvest the proceeds into a new home. However, as the new property was acquired through an inheritance, the DGT has ruled that no reinvestment has taken place.

The question raised

Whether the exemption for reinvestment may be applied by considering the amount allocated to the cancellation of said mortgage as a reinvested amount.

The DGT's ruling

In order for the capital gain to be exempt, it is necessary to reinvest the total amount obtained in the acquisition of a new primary residence. Acquisition through inheritance is considered a gratuitous title, therefore no reinvestment of the amount obtained from the disposal occurs. Due to the absence of reinvestment, the taxpayer must declare the capital gain through a supplementary tax return including late payment interest.

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