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A taxpayer asks whether the birth of a child and architectural barriers in their current home allow considering the property as habitual, exempting the three-year residency requirement. The DGT states that such circumstances must necessitate a mandatory move to qualify for the residency period exemption.
Para que una vivienda sea habitual sin haber cumplido tres años de residencia, deben concurrir circunstancias que exijan necesariamente el cambio de domicilio. El nacimiento de un hijo o la falta de adaptación arquitectónica de un ascensor no están contemplados específicamente como causas que obliguen al cambio. La administración valorará si dichas circunstancias exigen la obligatoriedad del cambio o si responden a una opción de conveniencia del contribuyente.
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