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V1377-26 4 June 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Exemption for reinvestment not valid if new home purchased outside two-year period

A taxpayer asks whether reinvestment exemption can be applied after selling a marital property following divorce. The DGT states that although jurisprudence allows considering the property as habitual if the ex-spouse resides in it, reinvestment is invalid here because the new property was purchased in 2020 and the sale in 2025.

The question raised

Question posed: Possibility of applying the exemption for reinvestment in the habitual residence under Article 38 of the Personal Income Tax Law.

The DGT's ruling

For the exemption, the transferred property must be the habitual residence at the time of sale or on any day during the two preceding years. According to the jurisprudence of the Supreme Court, in cases of divorce, this requirement is met if the property is the habitual residence of the spouse remaining in it. However, the reinvestment must be carried out within a period not exceeding two years from the transfer, or the property must have been acquired in the two years prior to the transfer.

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