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V1310-21 11 May 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Requirements for reinvestment relief on principal residence: residency period and inclusion of garages

A taxpayer asks whether they can apply for reinvestment relief after selling an inherited property and purchasing another, despite not having resided in the first for three years. The DGT rules that the taxpayer must have resided there for three years since acquisition or prove circumstances that necessitate the change of residence.

The question raised

Possibility of applying the exemption for reinvestment in primary residence for the capital gain obtained without having resided in it for three years since its acquisition.

The DGT's ruling

For the exemption, the transferred property must have been the primary residence for at least three continuous years since its acquisition by the taxpayer. This period may be excepted if circumstances occur that necessarily require the change of residence, such necessity having to be proven before the Administration. Furthermore, reinvestment in garage spaces is only assimilated to housing if they are acquired in the same act and in the same building as the primary residence.

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