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V1034-26 7 May 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · vivienda habitual

Vacation rental loses habitual residence status but exemption retained if sold within two years

A taxpayer over 65 asks whether occasional vacation rental of their habitual residence loses that status and triggers the exemption from capital gains. The DGT confirms that vacation rental breaks continuous and permanent residence, but the exemption remains if the property is sold within two years of losing habitual residence status.

The question raised

Question posed: For the purposes of the exemption under Article 33.4.b) of the LIRPF, whether the fact of having occasionally rented the dwelling that had attained the status of a primary residence would cause the loss of such status for said reason.

The DGT's ruling

Vacation rentals exclude the consideration of a primary residence due to failure to meet the requirements of continuous residence and permanent character. However, the exemption for individuals over 65 years of age may be applied if the transfer is carried out within the two years prior to the sale date from when it ceased to be a primary residence. If more than two years pass, the taxpayer must reside in the dwelling for three years to recover the status of a primary residence.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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