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V0056-24 14 February 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains from selling a primary residence are exempt for spouses over 65

A married couple with joint ownership of a primary residence wishes to sell it to purchase another property under different ownership terms. The DGT has ruled that the wife is entitled to the age-based exemption as she is over 65, while the husband may apply for the reinvestment exemption if the proceeds are allocated to the new residence.

The question raised

1. Whether she can apply the exemption under article 33.4.b) of the LIRPF.

The DGT's ruling

The transfer of the primary residence is exempt for the taxpayer who is 65 years of age or older on the date of the sale. For the other co-owner, the exemption for reinvestment in a new primary residence may be applied provided that the amount obtained is used to satisfy the price of the new residence, to the extent that it corresponds to the percentage of ownership acquired. If the reinvestment is less than the total amount obtained, only the proportional part of the gain corresponding to the amount effectively invested shall be excluded.

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