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V0401-24 13 March 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · vivienda habitual

Requirements for primary residence transfer exemption: full ownership and three-year residency

A taxpayer over 65 is inquiring whether they can apply for the exemption for selling their primary residence after acquiring full ownership. The DGT rules that this is not possible if the sale occurs before completing three years of residency following the consolidation of full ownership.

The question raised

Whether, in the event that a capital gain is generated in the future transfer of the real estate property, the exemption provided for in Article 33.4.b) of the Personal Income Tax Law (LIRPF) may be applied.

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