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V0922-25 26 May 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · nuda propiedad

Sale of naked property from habitual home by those over 65 may be exempt from income tax

A person over 65 enquires whether selling the naked property of their habitual home, while retaining a lifetime usufruct, allows the age exemption. The DGT confirms that the exemption applies if the conditions of habitual home and age are met, regardless of future use of the property.

The question raised

Possibility of applying the exemption under article 33.4 b) of the Personal Income Tax Law.

The DGT's ruling

The transfer of bare ownership generates a capital gain or loss. If the property is the transferor's habitual residence (according to the requirements of continuous residence for three years or having been so in the two previous years) and the person is over 65 years of age, the capital gain derived from the transfer of the bare ownership is exempt. This exemption applies regardless of the subsequent use of the property.

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