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V1285-26 25 May 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption not applicable if property was not habitual residence in two years prior

The taxpayer sold a property that was previously their habitual residence but had been rented since 2017. The DGT states that the reinvestment exemption cannot be applied because the property was not a habitual residence at the time of sale or in the two years preceding it.

The question raised

Question raised

The DGT's ruling

To apply the exemption for reinvestment, the transferred property must be the habitual residence at the time of sale or have been so on any day during the two years prior. In this case, as residency in the property ceased in 2017 to move to another, the requirement of habitual residence within the two-year period prior to the transfer in 2025 is not met. Therefore, the exemption under article 38.1 of the LIRPF is not applicable.

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