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V1586-24 1 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · vivienda habitual

Exemption on sale of primary residence for over-65s requires three years of full ownership

A taxpayer over the age of 65 enquired whether the period they resided in a property prior to inheriting it counts towards the three-year habitual residence requirement. The DGT ruled that acquisition via inheritance is backdated to the date of the deceased's death; therefore, the calculation of habitual residence begins from that date.

The question raised

The moment at which the dwelling must be understood as acquired, for the purposes of complying with the requirement of residence therein for at least three years, for the application of the exemption on the capital gain obtained from the sale.

The DGT's ruling

For the exemption, the dwelling must have been the habitual residence for at least three continuous years since its acquisition by the taxpayer, having held full ownership during said period. In the case of inheritance, the acquisition is understood to have occurred at the time of the decedent's death. Therefore, the three-year period is calculated from the date of death, provided that the requirements of effective residence and ownership are met.

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