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A taxpayer over 65 asks whether they can claim an IRPF exemption when acquiring full ownership of their habitual home and transferring it shortly after. The DGT responds that to qualify for the exemption, the taxpayer must have resided in the property and held full ownership for at least three consecutive years.
Cuestión planteada Posibilidad de declarar exenta la ganancia que se genere en virtud del artículo 33.4.b) de la LIRPF.
Para acogerse a la exención por transmisión de vivienda habitual, el contribuyente debe haber ostentado el pleno dominio de la edificación durante un periodo de residencia mínima de tres años continuados. No se puede computar el tiempo de permanencia previo a la adquisición del pleno dominio. Si la transmisión ocurre antes de cumplir dicho plazo de tres años con el pleno dominio, no operará el beneficio fiscal.
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