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V0743-18 19 March 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Spouses may apply reinvestment relief based on their respective shares in the sold and newly purchased properties

A query was raised regarding whether spouses must hold identical ownership percentages in both the sold and newly purchased properties to qualify for reinvestment relief. The Directorate General for Taxes (DGT) ruled that each spouse applies the relief based on their specific share of the proceeds and the amount they allocate to the new property.

The question raised

Whether, for the application of the exemption for reinvestment of the capital gain arising from said transfer, it is required that the percentage of ownership of the spouses in both the transferred dwelling and the acquired dwelling be the same.

The DGT's ruling

Each spouse may apply the reinvestment exemption based on the amount that, due to their undivided interest in the disposal, is allocated to the new dwelling, provided that it corresponds to the percentage of ownership acquired in it. If they reinvest the total amount obtained according to their interest in the new dwelling, the capital gain shall be exempt. If they do not reinvest the total amount, only the proportional part of the gain corresponding to the amount actually invested shall be excluded.

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