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V0533-25 28 March 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Cannot extend two-year reinvestment exemption for primary residence

The consultant asks whether the two-year reinvestment period for the gain from the sale of their primary residence can be extended due to a health condition. The DGT responds that the two-year period is strict and that failure to comply requires taxation of the gain with interest for delay.

The question raised

Possibility of extending the deadline for reinvestment and allowing the capital gain generated from the transfer of the primary residence to be exempt from taxation. In the event that this is not possible, the tax effects of non-compliance.

The DGT's ruling

The exemption requires reinvesting the amount obtained in a new primary residence within a period not exceeding two years from the transfer. Regardless of the cause of the delay, if the deadline is not met, the capital gain cannot be exonerated. Non-compliance obliges the filing of a supplementary tax return for the year the gain was obtained, including late payment interest.

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