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V1720-18 18 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption cannot be applied if the sold property was not the main residence in the two preceding years

The taxpayer asks whether they can apply the reinvestment exemption after selling a property in Barcelona to purchase another. The DGT rules that this is not possible because the sold property ceased to be the main residence in 2013, exceeding the required two-year period.

The question raised

Possibility of applying the exemption for reinvestment in a primary residence regarding the capital gain obtained.

The DGT's ruling

To apply the exemption, the transferred property must be the primary residence at the time of sale or have been so on any day during the two preceding years. In this case, as the individual has not resided in the property since 2013, the primary residence requirement is not met. The exception for job relocation only applies when the three-year period of continuous residence has not been completed.

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