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V1108-25 25 June 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Sale exemption for homes of over-65s requires three years of continuous residence

A couple of retirees asks whether future sale of their home will be tax-exempt after renting it temporarily in summer. The DGT explains that to qualify for the over-65 exemption, the home must retain its status as a habitual residence, requiring at least three years of continuous residence.

The question raised

In the event that the sale of said dwelling were to take place in the future, it is questioned whether the capital gain that may derive from its sale would be exempt.

The DGT's ruling

To apply the exemption under Article 33.4.b) of the LIRPF, the taxpayer must be 65 years of age and the dwelling must have been their habitual residence until two years prior to the transfer. The habitual residence requires continuous residence for at least three years, implying effective and permanent use. If the dwelling is rented on a seasonal basis, the exemption may not be applied if it is transferred before three years have elapsed since the termination of the last lease. The exemption would be recovered if the individual resides in the dwelling on a permanent basis for at least three years following the last rental.

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