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A taxpayer inquired whether they could apply the reinvestment exemption for their primary residence following a divorce in which the family home was awarded to them. The Directorate General of Taxes (DGT) ruled that the exemption is available if the transfer takes place within two years of the date they vacated the family residence.
Cuestión planteada Si puede acogerse a la exención por reinversión en vivienda habitual, si adquiere una vivienda destinada a ser su vivienda habitual.
Para aplicar la exención, la vivienda transmitida debe haber sido habitual en cualquier momento de los dos años anteriores a la transmisión. Si el contribuyente abandonó la residencia familiar antes de la sentencia de divorcio, la exención será aplicable siempre que la transmisión de la vivienda se realice en un plazo de dos años desde dicho abandono.
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