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V1291-18 17 May 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption for those over 65 applies only to the proportional share of capital gains from the primary residence

A taxpayer over the age of 65 inquired whether the exemption for the transfer of a primary residence could be applied to a property that forms part of a hotel. The Directorate General for Taxes (DGT) ruled that the exemption applies only to the proportional share of the gain corresponding to the area designated as a primary residence, provided all legal requirements are met.

The question raised

Whether the exemption provided for in Article 33.4.b) of the Personal Income Tax Law (LIRPF) is applicable regarding the portion of the capital gain generated by the transfer of the real estate property that corresponds to the premises where the taxpayer had their habitual residence located.

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