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A taxpayer inquired whether they could apply for reinvestment relief on their primary residence after selling a house that served as their home until 2010, but in which they moved back in 2021. The Directorate General for Taxes (DGT) ruled that for a property to be considered a primary residence, it must have been the taxpayer's residence for at least three continuous years.
Cuestión planteada Si es de aplicación la exención por reinversión en vivienda habitual.
Para aplicar la exención por reinversión, la vivienda transmitida debe ser la vivienda habitual del contribuyente en el momento de la venta o haberlo sido en cualquier día de los dos años anteriores. La vivienda habitual requiere una residencia continuada de al menos tres años, salvo circunstancias excepcionales como el divorcio. En este caso, al haber regresado a la vivienda en 2021, el inmueble no será considerado habitual si se vende antes de cumplir tres años de residencia continuada desde su regreso.
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