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V0966-24 6 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption for principal residence does not apply if sale occurs more than two years after ceasing to reside there

An 89-year-old individual inquired whether they could claim an exemption on the sale of their home after moving into a nursing home. The Directorate General for Taxes (DGT) ruled that the exemption is not applicable because the sale took place outside the two-year period following the date the property ceased to be their principal residence.

The question raised

Whether, in their case, the exemption under Article 33.4.b) of the LIRPF is applicable.

The DGT's ruling

To apply the exemption for the transfer of a primary residence, the building must be the primary residence at the time of the sale or have been so on any day during the two preceding years. If the transfer is carried out more than two years after it ceased to be the primary residence, the exemption is not applicable. In this case, as the property is sold more than two years after ceasing to reside in it, the requirement of Article 41 bis.3 of the RIRPF is not met.

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