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V1523-23 5 June 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

The exemption for reinvestment in the primary residence is maintained if the taxpayer dies before carrying out the reinvestment

A taxpayer sold their primary residence with the intention of reinvesting the proceeds in another, but died before the two-year period expired. The DGT determines that death does not constitute a failure to comply with the reinvestment obligation.

The question raised

Question posed: Whether the reinvestment exemption is applicable to the capital gain obtained in the transfer.

The DGT's ruling

The death of the taxpayer cannot be considered a failure to comply with the reinvestment requirement, due to the nature and circumstances of the termination of the legal personality of natural persons. Therefore, the exemption for reinvestment in the primary residence provided for in Article 38.1 of the Personal Income Tax Law remains applicable to the capital gain obtained by the deceased.

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