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V1455-25 5 August 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption not applicable if sold property is not the taxpayer's habitual residence

The consultant asks whether the reinvestment exemption can be applied when selling a rented property to purchase a new habitual residence. The DGT responds that it is not possible because the sold property does not meet the requirement of being the taxpayer's habitual residence.

The question raised

Question posed: Whether the exemption for reinvestment in a habitual dwelling is applicable.

The DGT's ruling

To apply the exemption for reinvestment, the dwelling must be considered habitual both in the one being transferred and in the one being acquired. The habitual dwelling is that which constitutes the residence for a continuous period of at least three years, except in exceptional circumstances. Given that the sold dwelling was leased and the taxpayer resided in another dwelling, the exemption under Article 38.1 of the Personal Income Tax Law cannot be applied.

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