Skip to content
Back to index
V0895-23 18 April 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Income tax exemption for donation of primary residence to those over 65 may apply

A taxpayer over the age of 65 donated full ownership of 50% of their primary residence. The Directorate General for Taxes (DGT) was consulted on whether the exemption for the transfer of a primary residence for individuals over 65 can be applied.

The question raised

Whether the exemption for the transfer of a primary residence for persons over 65, as set forth in Article 33.4.b) of the Personal Income Tax Law, is applicable.

The DGT's ruling

The donation of full ownership generates a capital gain or loss subject to tax. If a gain is generated and the requirements of being over 65 years of age and the property being the primary residence are met, the exemption under Article 33.4.b) of the LIRPF is applicable. In this specific case, as it is the inquirer's primary residence and they are over 65 years of age, the exemption is applicable to the gain derived from the donation.

Book your free first meeting