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A query was raised regarding whether a person over the age of 65 can apply for capital gains tax exemption when selling their home. The DGT has ruled that the exemption only applies if the property sold is the habitual residence at the time of sale or has been so during the two preceding years.
Cuestión planteada Exención de ganancia patrimonial que se derive de la enajenación de vivienda habitual por persona mayor de 65 años.
Para aplicar la exención del artículo 33.4.b) de la LIRPF, la vivienda transmitida debe ser la vivienda habitual del contribuyente en el momento de la transmisión o haberlo sido en cualquier día de los dos años anteriores. El concepto de vivienda habitual exige una residencia continuada de al menos tres años, salvo circunstancias justificadas que exijan el cambio de domicilio.
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