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V1340-26 2 June 2026 · SG de Fiscalidad Internacional Criterion in force
IRPF · residencia fiscal

Tax exemption for home sale for those over 65 depends on fiscal residency in year of sale

A Swiss citizen residing in Spain until 2024 asks whether she can claim the exemption for selling her home in 2025, the year she will move to Switzerland. The DGT assesses whether she will be a fiscal resident in Spain in 2025, as this determines whether the exemption applies or if she is taxed as a non-resident.

The question raised

Question raised

The DGT's ruling

If the person is a tax resident in Spain, they may apply the exemption provided in Article 33.4.b) of the Personal Income Tax Law (LIRPF) if the property is their habitual residence and they are over 65 years of age. If they are not a tax resident in Spain, the gain shall be subject to Non-Resident Income Tax (IRNR) without the possibility of applying said exemption. Tax residence is determined by staying for more than 183 days or by having the core of economic interests in Spain.

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