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V0546-22 18 March 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption may apply if a commercial premises is converted and used as a primary residence

The applicant asks whether the reinvestment exemption can be applied to a new property registered as commercial premises but which holds a certificate of occupancy. The DGT rules that although commercial premises are intended for economic activity, if they are converted and used as a primary residence, they may meet the requirements for the exemption.

The question raised

Possibility of considering the commercial premises as a habitual residence, and allowing the application of the exemption for reinvestment in a habitual residence.

The DGT's ruling

For the reinvestment exemption, the building must be the taxpayer's habitual residence, regardless of its classification in the Property Registry. A commercial premises may be considered a habitual residence if it is adapted or capable of being adapted as a residence and the requirements of ownership, effective residence, and permanence are met. The accreditation that the premises constitute the habitual residence is a matter of fact that must be proven by the taxpayer.

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