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V0705-22 1 April 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment tax exemption applicable if construction is completed within the legal timeframe

A taxpayer has enquired whether they can apply for the reinvestment exemption after selling their home and paying a developer for a property currently under construction. The Directorate General for Taxes (DGT) has ruled that this is possible, provided the construction is completed within the statutory deadlines.

The question raised

Question posed: Whether the exemption for reinvestment in a primary residence is applicable.

The DGT's ruling

For the exemption regarding the construction of a future dwelling, two conditions must be met: the entire amount received must be applied to the construction within two years from the sale, and the work must be completed within four years from the start of the investment. This four-year period may be extended in cases of the developer's insolvency or exceptional circumstances not attributable to the taxpayer. If the construction is not completed within said periods, the exemption shall not apply.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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