Skip to content
Back to index
V0831-24 22 April 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption may apply when transferring two contiguous properties forming a primary residence

The applicant asks whether the reinvestment exemption can be applied when selling two properties with different cadastral references that are joined and constitute their primary residence. The DGT rules that two contiguous properties joined internally may be considered a primary residence, provided they are inhabited on a regular basis.

The question raised

Question posed: Possibility of applying the exemption for reinvestment in a habitual residence.

The DGT's ruling

To apply the exemption, both the transferred and the acquired property must be considered a habitual residence. It is possible to consider two contiguous properties joined together as a habitual residence, even if they have different cadastral references, provided that they are habitually occupied. The proof of such residence is a matter of fact that must be established by the taxpayer. The exemption shall be proportional if the amount reinvested is less than the total amount obtained from the disposal.

Email
Contact