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V0584-23 10 March 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains tax exemption may apply to the donation of a primary residence for those over 65

A person over the age of 65 has enquired whether they can apply for a tax exemption when donating their primary residence and how to provide proof. The Directorate General for Taxes (DGT) states that the exemption is applicable if the property was the individual's primary residence at the time of the transfer or during the two preceding years.

The question raised

Question posed: Whether the exemption of capital gains derived from the donation of a primary residence by a person over 65 years of age is applicable, and how such person may prove that said building is effectively their primary residence.

The DGT's ruling

Individuals over 65 years of age may exempt the capital gain arising from the transfer of their primary residence pursuant to Article 33.4.b) of the Personal Income Tax Law (LIRPF). To this end, the building must have been their residence for a continuous period of at least three years, or must have been so on any day during the two years prior to the transfer. The proof of residence is a question of fact which the taxpayer must establish by any means admitted in law.

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