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V1653-22 8 July 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención

Exemption for sale of main residence may apply if sold within two years of ceasing to reside there

A taxpayer over 65 enquired whether they could claim an exemption on the sale of a property after exercising a purchase option in a lease agreement. The DGT ruled that the exemption depends on whether the property is considered a main residence or was held as such during the two years prior to the transfer.

The question raised

Whether the exemption for the transfer of the habitual residence by persons over 65 years of age may be applied.

The DGT's ruling

To apply the exemption under article 33.4.b) of the LIRPF, the dwelling must be the habitual residence at the time of the transfer or have been so on any day during the two preceding years. The calculation of this two-year period was suspended between March 14, 2020, and May 30, 2020, due to COVID-19 regulations. If the sale is carried out outside of that period from the date residency in the dwelling ceased, the exemption is not applicable.

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