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A query was raised regarding whether the sale of a property that served as a primary residence until 2007 is exempt from tax, given that the owner is over 65 and in a state of dependency. The Directorate General for Taxes (DGT) ruled that the exemption does not apply because the property was not the primary residence during the two years preceding the transfer.
Cuestión planteada Si está exenta la ganancia patrimonial derivada de la venta en 2018 de la vivienda habitual hasta 2007 de una persona que a fecha de hoy tiene 85 años, momento en que tuvo que ser ingresada en residencia asistida con grado de nivel III, por incapacidad física y psíquica para seguir viviendo de forma válida e independiente en dicha vivienda, sin que la misma haya tenido ningún uso ni rentabilidad (alquiler) desde 2007 hasta el momento de su venta.
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