Skip to content
Back to index
V1261-21 6 May 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · nuda propiedad

The exemption for the donation of bare ownership of the primary residence may be applied if the donor is over 65 years of age

A taxpayer over 65 years of age inquires whether the donation of the bare ownership of their primary residence to their children is exempt from Personal Income Tax (IRPF). The DGT responds that it is possible to apply the exemption if the residence has been their primary residence for at least three continuous years.

The question raised

Whether they are entitled to the exemption provided for in Article 33.4.b) of the LIRPF. In their case, the method for calculating the capital gain.

The DGT's ruling

The donation of bare ownership generates a capital gain or loss calculated as the difference between the transfer value (in accordance with Inheritance and Gift Tax regulations) and the acquisition value. If the donor is over 65 years of age and the property is their primary residence, the exemption under Article 33.4.b) of the LIRPF applies. For a property to be considered a primary residence, it must have been the effective residence of the taxpayer for a continuous period of at least three years since the acquisition of the undivided share.

Book your free first meeting