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V1204-25 2 July 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption requires full ownership of property

The consultant asks whether the reinvestment exemption can be applied after selling their habitual residence and paying a sibling to acquire their share in the bare property of another property. The DGT responds that this is not possible because the exemption requires full ownership of the property.

The question raised

Possibility of applying the reinvestment exemption for the amount paid to the brother to acquire one hundred percent of the bare ownership of his new habitual residence.

The DGT's ruling

Tax benefits for habitual residence are linked to the ownership of full title, even if held jointly. By acquiring only the bare ownership and not the full title, the requirement for the reinvestment exemption is not met. Reinvestment must be carried out through the acquisition or renovation of a new habitual residence within a period of two years.

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