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V1250-26 25 May 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gain from sale of primary residence exempt if reinvested in newly built home

A taxpayer sold their primary residence and purchased land to build on, now wishing to sell the land and buy a completed home. The tax authority states that the purchase of land does not affect the exemption, provided the proceeds from the original sale are reinvested in a new primary residence within two years.

The question raised

Question posed: Whether the gain obtained in 2024 would be exempt if, in any case, the amount obtained is reinvested within the two year period.

The DGT's ruling

The gain from the transfer of the primary residence shall be exempt if the total amount obtained is reinvested in the acquisition of a new primary residence within two years following the transfer. The prior purchase of land does not prevent this benefit, as such expenditure is not considered a reinvested amount if the dwelling is ultimately not constructed. The new dwelling must meet the requirements of a primary residence according to the RIRPF.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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