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V0638-20 31 March 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Exemption for reinvestment in main residence maintained if taxpayer dies before purchase

A married couple sold their main residence with the intention of reinvesting the proceeds, but one spouse passed away before completing the new purchase. The DGT has ruled that the death does not constitute a failure to meet the reinvestment requirement.

The question raised

Whether the reinvestment exemption is applicable to the capital gain obtained in the transfer.

The DGT's ruling

The death of the taxpayer cannot be considered a failure to comply with the reinvestment requirement, given the nature and circumstances of the termination of the legal personality of natural persons. Therefore, the capital gain obtained by the deceased from the transfer of their primary residence maintains the application of the reinvestment exemption.

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