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V0318-22 18 February 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

A property may be deemed a primary residence for reinvestment relief if effective delivery occurs after three years of residency

The taxpayer asks whether their property qualifies as a primary residence for reinvestment relief if sold shortly before completing three years of residency. The DGT rules that the date of transfer depends on the effective delivery of the property, which may allow the required three-year period to be met.

The question raised

Whether, for the purposes of the reinvestment exemption, the transferred dwelling has attained the status of a habitual dwelling.

The DGT's ruling

The dwelling is considered habitual if one resides in it for a continuous period of at least three years. The date of transfer is determined by the delivery of the item sold (traditio), which may be the execution of a public deed unless otherwise agreed. If the effective delivery occurs after completing the three years of residence, the dwelling shall be considered habitual for the purposes of the reinvestment exemption.

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