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V1105-25 25 June 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

No exemption from IRPF for selling home to pay society debt

A taxpayer asks whether selling their primary residence to settle a debt of a company in which their spouse was administrator is exempt from IRPF. The DGT responds that none of the exemption conditions—age, dependency, reinvestment, mortgage assignment, or insolvency procedures—are met.

The question raised

Possibility of considering the capital gain obtained in the sale exempt, regardless of the potential purchase of a new residence.

The DGT's ruling

The exemptions based on age (over 65 years), dependency, or reinvestment in a primary residence are not applicable. Furthermore, the exemption for the transfer in payment of mortgage debt to credit institutions does not apply, nor does the exemption for income obtained in insolvency proceedings regulated by the Insolvency Law. The described facts do not allow for the application of the exemption scenarios provided for in the Personal Income Tax regulations.

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