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V1256-18 14 May 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption on sale of main residence requires at least three years of residency

A 75-year-old individual enquires whether they can exempt the capital gains tax arising from the sale of their main residence. The DGT rules that, to qualify as a main residence, the individual must have resided in the property for at least three continuous years.

The question raised

Whether, with respect to the capital gain derived from the sale of said dwelling, it may benefit from the exemption established in Article 33.4.b) of the Personal Income Tax Law.

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