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V0752-21 30 March 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

To maintain reinvestment relief, the new property must be the primary residence for at least three years

A taxpayer asks when they can sell their new home without losing the reinvestment relief obtained from selling their previous residence. The DGT explains that the property must meet the primary residence requirement and the specific conditions applicable to those over 65.

The question raised

(1) Date from which the dwelling acquired in December 2019 may be alienated without failing to comply with the requirements provided for in Article 38 of the LIRPF.

The DGT's ruling

To maintain the exemption for reinvestment, the new dwelling must be the primary residence, which requires residing in it continuously for at least three years. If it is sold before the completion of this period, a supplementary tax return must be filed for the fiscal year in which the exemption was applied, including late payment interest. However, if the taxpayer is over 65 years of age, the gain from the sale of their primary residence shall be exempt pursuant to Article 33.4.b) of the LIRPF, provided that the dwelling meets the requirements of habitual residence.

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