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V0593-20 16 March 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption for those over 65 does not apply if the property ceased to be a primary residence more than two years before sale

A taxpayer over the age of 65 inquired whether they could apply for the exemption on the sale of a primary residence after separating and losing use of the property. The DGT ruled that this is not possible because the property ceased to be a primary residence upon the separation, exceeding the two-year period required by the Regulations.

The question raised

Taxation of the sale and whether any exemption would be applicable due to being over 65 years of age.

The DGT's ruling

To apply the exemption for individuals over 65 years of age, the dwelling must have been the primary residence at the time of the transfer or on any day during the two preceding years. If the dwelling ceased to be the primary residence due to matrimonial separation, the requirement of habitual residence within that two-year period prior to the sale is not met. Therefore, the exemption for the capital gain obtained is not applicable.

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