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V1756-14 4 July 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption from capital gains tax on the sale of a primary residence for taxpayers over 65

A taxpayer over the age of 65 has enquired about the taxation of the sale of their primary residence. The DGT states that the capital gain will be exempt provided the legal requirements for a primary residence are met.

The question raised

Taxation

The DGT's ruling

Capital gains from the transfer of the primary residence by individuals over 65 years of age are exempt pursuant to Law 35/2006. To qualify, the building must have been the taxpayer's residence for at least three continuous years, or must have been so at any time during the two years prior to the transfer.

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