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V0707-26 30 March 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Disability exemption requires severe or significant dependency

A taxpayer with 75% disability and absolute permanent incapacity asks whether they can exempt capital gains from the sale of their primary residence. The DGT explains that for dependency-based exemption, a severe or significant dependency must be officially recognised.

The question raised

Question posed: Possibility of declaring the gain exempt pursuant to Article 33.4.b) of the LIRPF.

The DGT's ruling

The exemption under Article 33.4.b) of the LIRPF requires the individual to be in a situation of severe dependency or high dependency. The recognition of a high invalidity pension only guarantees a degree of moderate dependency, which does not meet the requirement for this exemption. The degree of dependency must be determined by the bodies of the Autonomous Communities. Alternatively, the exemption for reinvestment in the primary residence could be applied if the requirements of Article 38 of the LIRPF are met.

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

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