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A taxpayer inquired whether they could apply for the reinvestment exemption after purchasing a property in 2017 and selling it in 2019. The Directorate General for Taxes (DGT) ruled that this is not possible because the property was not used as a primary residence for the minimum required period of three years.
Cuestión planteada Si puede aplicar la exención por reinversión en vivienda habitual.
Para aplicar 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. Se considera vivienda habitual la edificación que constituya residencia durante un plazo continuado de, al menos, tres años. Al no cumplirse este requisito de permanencia mínima, no resulta aplicable la exención por reinversión.
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