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V1559-22 30 June 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption does not apply to garages acquired separately from the main residence

A taxpayer inquired whether the reinvestment exemption could be applied after selling their primary residence and two garage spaces. The Directorate General for Taxes (DGT) ruled that the exemption only covers the residence and assimilated garage spaces, but excludes garages purchased at different times from the residence.

The question raised

Whether the reinvestment exemption may be applied.

The DGT's ruling

In order for parking spaces to be assimilated to the primary residence and allow for the exemption, they must be acquired at the same time as the residence, be located in the same building or complex, and have private use. Parking spaces acquired in years different from the residence are not assimilated. The reinvestment exemption only applies to the portion of the gain from the residence and the garages that meet these assimilation requirements.

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