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V1284-26 25 May 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación temporal

Capital gain from property sale is deemed upon registration of title

A taxpayer asks when a capital gain from property sale must be declared after signing a deposit agreement and whether the exemption for those over 65 years applies. The DGT states that the gain is recognised upon registration of the title and that the exemption requires the property to have been the taxpayer's habitual residence for at least three years.

The question raised

Question raised: A request is made to determine the temporal imputation of the capital gain or loss generated by the transfer of the real estate property and whether the exemption for the transfer of the primary residence by persons over 65 years of age may be applied under Personal Income Tax.

The DGT's ruling

The capital gain or loss must be imputed in the tax period in which ownership is transferred through the execution of the public deed. To apply the exemption for the transfer of the primary residence by persons over 65 years of age, the building must have constituted the taxpayer's residence for a continuous period of at least three years. If the three-year residency period is not met, the exemption would not apply even if the other requirements are fulfilled.

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