Skip to content
Back to index
V0081-22 19 January 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Donation of property by individuals over 65 may be exempt if it is their primary residence

A taxpayer over the age of 65 has enquired whether donating their home to a child is exempt from Personal Income Tax (IRPF). The Directorate General of Taxes (DGT) has indicated that the exemption applies provided the property has served as their primary residence for at least three years.

The question raised

Whether the exemption from capital gains derived from the donation of a habitual residence by a person over 65 years of age is applicable.

The DGT's ruling

The donation of full ownership of a dwelling generates a capital gain or loss. Persons over 65 years of age may exempt the gain if the transferred dwelling is their habitual residence at the time of the transfer or was so on any day during the two preceding years. For it to be considered a habitual residence, it must have been their residence for a continuous period of at least three years.

Book your free first meeting