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V1168-16 22 March 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Reinvestment exemption not applicable for 2014 transfer

A taxpayer over 65 asks whether the reinvestment exemption applies after selling shares in a society in 2014. The DGT states the exemption does not apply as the transfer occurred before the regulation came into force.

The question raised

Being over 65 years of age, the taxpayer asks whether it is possible to apply the exemption set forth in Article 38.3 of Law 35/2006 to the capital gain obtained.

The DGT's ruling

The exemption for reinvestment in life annuities for persons over 65 years of age is operative only for transfers of assets carried out from the entry into force of Law 26/2014, which is January 1, 2015. As the transfer of the shares was carried out in 2014, the necessary circumstance to apply this tax benefit does not occur.

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