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V1821-20 8 June 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains from the sale of a primary residence by persons over 65 are exempt from Income Tax

A query was raised regarding whether the sale of a property by a person over 65 who is moving into a care home is exempt from Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that the exemption applies provided the property was the taxpayer's primary residence.

The question raised

Question posed: Whether the capital gain derived from the disposal of the dwelling is exempt from Personal Income Tax (IRPF).

The DGT's ruling

Capital gains from the transfer of the primary residence of individuals over 65 years of age are exempt pursuant to Article 33.4.b) of the Personal Income Tax Law (LIRPF). For the exemption to apply, the dwelling must be the primary residence at the time of the transfer or must have been so during the two preceding years. In this case, the transferred dwelling met the requirements for a primary residence under Article 41 bis of the Personal Income Tax Regulations (RIRPF).

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