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V0980-20 21 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The donation of the primary residence by individuals over 65 is exempt from Personal Income Tax

A taxpayer over the age of 65 inquires whether the donation of their primary residence to their daughter is tax-exempt. The DGT responds that the capital gain derived from said transfer is not taxable if the requirements for a primary residence are met.

The question raised

Exemption of capital gains from the donation of a primary residence by a person over 65 years of age.

The DGT's ruling

Capital gains from the transfer of a primary residence by individuals over 65 are exempt pursuant to Article 33.4.b) of the LIRPF. For the exemption to apply, the building must have been the residence for a continuous period of at least three years, or must have been so during the two years prior to the transfer. In this case, as it is the primary residence of the inquirer over 65 years of age, the exemption is applicable.

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