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V0945-20 17 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

The exemption for reinvestment in a primary residence requires that the sold property be a primary residence at the time of sale or during the two preceding years

The taxpayer asks whether they can apply the reinvestment exemption after selling their residence in the Balearic Islands, which they ceased using due to a job transfer. The DGT indicates that to apply the exemption, the property must have been a primary residence at the time of sale or on any day during the two years prior to the sale.

The question raised

Question posed: Whether the exemption for reinvestment in a primary residence is applicable.

The DGT's ruling

To qualify for the exemption, the transferred property must be a primary residence at the time of transfer or must have been so on any day during the two preceding years. If the taxpayer ceases to reside in the property, they have a period of two years to sell it without losing the right to the exemption. If the disposal is carried out outside of that two-year period following the cessation of effective residence, the requirement of primary residence would not be met and the exemption would not be applicable.

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