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V1259-26 25 May 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption for property donation to those over 65 requires habitual residence

The consultant asks whether the exemption for people over 65 can be applied when donating property that was temporarily rented. The DGT responds that the exemption only applies if the property is the habitual residence at the time or was so in the two years prior to the transfer.

The question raised

Question raised: Calculation of the capital gain and the possibility of applying the exemption under Article 33.4.b) of the LIRPF

The DGT's ruling

The donation of full ownership or bare ownership generates a capital gain or loss. To apply the exemption for persons over 65 years of age, the property must be the habitual residence at the time of the transfer or have been so during the two preceding years. Habitual residence requires continuous residence for at least three years, except in exceptional circumstances. If the property is used for tourist rentals, it loses its status as a habitual residence and, to regain it, the taxpayer must reside in it again for three years.

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

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