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V0124-26 27 January 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Sale of home may be exempt if used as primary residence within two years of ceasing to be habitual

The DGT states that the exemption from income tax depends on the property having been used as a habitual residence at the time of sale or within the two years prior to that.

The question raised

Whether the capital gain derived from the sale of said dwelling is exempt from taxation.

The DGT's ruling

The capital gain from the transfer of the dwelling is exempt if the taxpayer is over 65 years of age or has a situation of dependency. To this end, the dwelling must have been the habitual residence at the time of the sale or at any time during the two years prior to the transfer. If the sale is carried out more than two years after it ceased to be the habitual residence, the exemption does not apply.

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