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V0896-20 16 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · dación en pago

The exemption from Personal Income Tax for deed in lieu of foreclosure does not apply if the property is not the primary residence

A taxpayer asks whether they can apply the exemption for deed in lieu of foreclosure for a property that was their primary residence but no longer is. The DGT responds that the exemption only applies if the property transferred constitutes the primary residence of the debtor.

The question raised

Question posed: Possibility of applying the exemption for deed in lieu of foreclosure provided for in the Income Tax Law.

The DGT's ruling

The exemption for deed in lieu of foreclosure of the primary residence requires that the property be the primary residence of the debtor or guarantor. Since the transferred property does not constitute the primary residence of the inquirer, the exemption under Article 33.4 d) of the LIRPF is not applicable. It is necessary that the owner does not possess other sufficient assets to satisfy the debt.

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