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The inquirer asks whether the reinvestment exemption can be applied when selling their primary residence and purchasing a property owned by a company in which they hold shares. The DGT states that the exemption is possible provided all legal requirements are met, specifically that the new property also serves as the taxpayer's primary residence.
Cuestión planteada Posibilidad de aplicar la exención por reinversión en vivienda habitual.
Para acogerse a la exención, la condición de vivienda habitual debe concurrir tanto en la vivienda transmitida como en la adquirida. La vivienda habitual es aquella que constituye la residencia durante un plazo continuado de al menos tres años, salvo circunstancias excepcionales justificadas. La adquisición de la nueva vivienda debe realizarse en el plazo de dos años anteriores o posteriores a la transmisión de la precedente.
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