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V0622-24 11 April 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Individuals over 65 may exempt capital gains when donating their main residence if residency requirements are met

A married couple over the age of 65 has enquired whether they can apply for an Income Tax (IRPF) exemption when donating their main residence to their child. The Directorate General for Taxes (DGT) clarifies that the exemption is applicable if the property has served as their main residence at the time of transfer or during the two preceding years.

The question raised

Question posed: Whether, in their case, the capital gains exemption derived from the donation of a primary residence by persons over 65 years of age is applicable.

The DGT's ruling

The transfer of a residence by individuals over 65 may be exempt from capital gains tax if the building constitutes their primary residence at the time of the transfer or was their primary residence on any day during the two preceding years. The status of primary residence is determined according to Article 41 bis of the RIRPF. The accreditation of residency is a matter of fact that must be proven by the taxpayer.

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