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The taxpayer asks whether their primary residence has changed after spending more than half the year in a different property. The DGT rules that, in cases of dual residency, the primary residence is the one where the individual resides for the longest duration during each tax year.
Cuestión planteada Si la primera vivienda mencionada ha perdido la consideración de habitual.
La vivienda habitual requiere residencia continuada, efectiva y permanente, sin que las ausencias temporales alteren este carácter. En casos de duplicidad de domicilios, la vivienda habitual será aquella donde se resida por más tiempo a lo largo de cada periodo impositivo. El contribuyente debe acreditar la residencia mediante medios de prueba válidos, ya que el empadronamiento o el domicilio fiscal no son suficientes por sí solos.
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