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V1792-24 17 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · vivienda habitual

Exemption for main residence does not apply to usufructuary without full ownership

A taxpayer over 65 transferred their main residence, of which they held 50% in full ownership and the remaining 50% as a usufructuary. The DGT ruled that the exemption only applies to the portion corresponding to full ownership.

The question raised

Whether the application of the exemption provided for in Article 33.4.b) of the Personal Income Tax Law is correct.

The DGT's ruling

The exemption for the transfer of a primary residence for individuals over 65 requires full ownership of the property. If ownership is dismembered, the exemption does not apply to the usufructuary's share, but it does apply to the full ownership share. In this specific case, the gain from the 50% usufruct is taxed in the savings tax base, whereas the gain from the 50% full ownership is exempt.

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