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V1589-20 26 May 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The gain from the sale of the primary residence is exempt for individuals over 65 years of age

A taxpayer over 65 years of age inquires whether the capital gain from the sale of their primary residence, of which they are a co-owner, is exempt. The DGT responds that the exemption for individuals over 65 is applicable to their share of the gain.

The question raised

Taxation of the capital gain derived from the disposal of the primary residence.

The DGT's ruling

Capital gains from the transfer of the primary residence are exempt for persons over 65 years of age pursuant to Article 33.4.b) of the LIRPF. For a building to be considered a primary residence, it must have served as a residence for a continuous period of at least three years, except in justified circumstances such as marriage or separation. The exemption applies to the portion of the gain corresponding to the taxpayer.

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