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V0340-24 12 March 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption for main residence does not apply if the property was not the taxpayer's residence in the two preceding years

A taxpayer over 65 inquired whether the sale of an inherited property is exempt as their main residence. The DGT ruled that the exemption does not apply because the property was neither their habitual residence at the time of sale nor during the two years prior.

The question raised

Whether the capital gain generated is exempt pursuant to Article 33.4.b) of the LIRPF.

The DGT's ruling

To apply the exemption for individuals over 65, the property must be the taxpayer's primary residence at the time of the transfer or have been so on any day during the two preceding years. In this case, as it was not the inquirer's primary residence during that period, the capital gain is not exempt and must be included in the savings tax base.

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