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V0066-24 15 February 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · vivienda habitual

Main residence tax exemption for those over 65 does not apply to usufruct without full ownership

A person over 65 sold their main residence, of which they held 50% full ownership and 50% usufruct. The DGT ruled that the exemption applies only to the full ownership portion and not to the usufruct portion.

The question raised

Whether the exemption provided for in Article 33.4.b) of the LIRPF is applicable.

The DGT's ruling

The exemption for persons over 65 requires ownership of the full title to the property. When ownership is dismembered, the exemption is not applicable to the usufructuary. In the event of transferring part of the full title and part of the usufruct, the gain from the usufruct is taxable and the gain from the full title remains exempt.

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