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A taxpayer has enquired whether they can apply for the reinvestment exemption after selling their main residence and using the proceeds to pay off the mortgage on a second property that will become their new home. The Directorate-General for Taxes (DGT) clarifies that the exemption only applies if the new property was acquired or renovated within the two years preceding or following the sale.
Cuestión planteada Aplicación de la exención por reinversión en vivienda habitual.
Para que la ganancia patrimonial por la venta de la vivienda habitual esté exenta, se debe reinvertir el importe en la adquisición o rehabilitación de una nueva vivienda habitual. Esta reinversión debe realizarse en un plazo de dos años anteriores o posteriores a la transmisión. Si la nueva vivienda se adquirió fuera de ese plazo de dos años respecto a la venta, no se podrá aplicar la exención.
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