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V0260-23 14 February 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Requirements for IRPF exemption on the sale of a primary residence for those over 65

A taxpayer has requested clarification on the requirements and deadlines for applying the capital gains tax exemption when selling their primary residence upon turning 65. The DGT clarifies that the property must have been the primary residence for at least three years, or must have been so during the two years prior to the sale.

The question raised

Conditions for applying the exemption provided for in Article 33.4 b) of Law 35/2006 to the capital gain that may be obtained, specifically in relation to the time periods referred to in this law.

The DGT's ruling

To apply the exemption for the transfer of the primary residence of persons over 65 years of age, the building must have constituted their residence for a continuous period of at least three years. Notwithstanding, it shall be understood as a primary residence if it has been so considered on any day during the two years prior to the date of transfer. If the transfer occurs more than two years after it ceased to be a primary residence, or if it never attained such status, the exemption is not applicable.

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