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V1818-24 19 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · aportación no dineraria

Exemption for main residence does not apply without three years of continuous residence

A person over 65 inquires whether contributing their main residence to a limited company is exempt from Personal Income Tax (IRPF). The Directorate General of Taxes (DGT) rules that the exemption is not applicable as the requirement for three years of continuous residence has not been met.

The question raised

Question posed: Whether the exemption provided for in Article 33.4.b) of the Personal Income Tax Law is applicable.

The DGT's ruling

The contribution of a property to a company generates a capital gain or loss that is included in the savings tax base. To apply the exemption for persons over 65, the property must be a primary residence, which requires continuous residence for at least three years, except in exceptional circumstances. If this residence period is not met, the capital gain derived from the contribution shall be subject to tax.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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