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V0686-25 15 April 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption can be applied proportionally to ownership share

A taxpayer sells their primary residence and intends to use the proceeds to buy a share in a new property with their spouse. The DGT states that the exemption applies based on the amount allocated to the new property and the ownership percentage acquired.

The question raised

Whether the exemption for reinvestment applies to the capital gain obtained.

The DGT's ruling

To qualify for the exemption, both the transferred and the acquired housing must be considered habitual residences according to the RIRPF. The taxpayer may apply the exemption based on the amount allocated to the new housing, to the extent that it corresponds to their percentage of ownership. If the entire amount obtained is reinvested in their share of the new housing, the gain shall be fully exempt; if less is reinvested, only the proportional part shall be excluded.

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