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A taxpayer has inquired whether they can claim the reinvestment exemption after selling a property that had been leased under a rent-to-buy agreement. The Directorate General for Taxes (DGT) has ruled that the exemption applies if the sold property was the taxpayer's primary residence at the time of transfer or on any day during the two years prior to the sale.
Cuestión planteada Si es de aplicación la exención por reinversión en vivienda habitual.
Para la exención, la vivienda transmitida debe ser habitual en el momento de la venta o haberlo sido en cualquier día de los dos años anteriores a la transmisión. La nueva vivienda debe adquirirse en un plazo de dos años anteriores o posteriores a la venta. La exención requiere que se reinvierta el importe total obtenido en la adquisición de la nueva vivienda habitual.
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