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V1993-20 17 June 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Self-assessment cannot be rectified to apply housing reinvestment exemption after the deadline

The taxpayer asks whether they can amend their Personal Income Tax (IRPF) return to apply the exemption for reinvestment in their primary residence after having sold their home without initially applying it. The Directorate General for Taxes (DGT) responds that, as this represents a choice between the general and special tax regimes, it is not possible to switch regimes once the tax filing period has ended.

The question raised

Inquiry regarding the possibility of subsequently rectifying the Personal Income Tax self-assessment by applying the reinvestment exemption.

The DGT's ruling

The exemption for reinvestment in a primary residence is considered an option between the general taxation regime and the special exemption regime. Pursuant to Article 119.3 of the General Tax Law, options that must be exercised upon the filing of a tax return cannot be rectified after the regulatory period. Therefore, if the taxation regime was selected, it is not possible to rectify the filing to switch to the exemption regime once the declaration period has expired.

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