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V1232-26 22 May 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption requires mandatory relocation circumstances

The consultant asks whether the reinvestment exemption can be applied to habitual residence after living less than three years due to family and health issues. The DGT responds that, except in cases of death or circumstances that necessarily require a change of domicile, a minimum residence of three years is required.

The question raised

Question posed: Whether they may benefit from the exemption for reinvestment in a habitual dwelling under Article 38 of the LIRPF despite not having resided for a period of at least three years in the transferred dwelling.

The DGT's ruling

For a dwelling to be considered habitual without meeting the three-year period, circumstances must arise that necessarily require a change of residence. The change must be mandatory and not an option based on convenience or the taxpayer's will. In this case, the DGT indicates that coexistence problems are not specifically contemplated circumstances and that the decision to move appears voluntary. The assessment of whether the situation truly requires a change of residence is the responsibility of the Tax Administration following the submission of evidence.

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