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A query was raised regarding whether the death of a taxpayer before reinvesting the proceeds from the sale of their main residence constitutes a breach of the tax exemption. The Directorate General for Taxes (DGT) ruled that, due to the nature of death, it cannot be considered a failure to comply with the reinvestment obligation.
Cuestión planteada Consolidación de la exención.
El fallecimiento del contribuyente no puede considerarse un incumplimiento del requisito de reinversión en vivienda habitual. Dada la extinción de la personalidad jurídica de las personas físicas, no se puede exigir el cumplimiento de actuaciones futuras o requisitos que el fallecimiento conlleva. Por tanto, la exención por reinversión sigue siendo aplicable a la ganancia patrimonial obtenida.
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