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The taxpayer sold a property that had been their primary residence until 2007 but had been rented out since 2011. The Tax Agency ruled that the reinvestment exemption cannot be applied because the property did not meet the requirement of being a primary residence at the time of sale or during the two preceding years.
Cuestión planteada Si es de aplicación la exención por reinversión en vivienda habitual.
Para la exención por reinversión, la vivienda transmitida debe ser la vivienda habitual en el momento de la transmisión o haberlo sido en cualquier día de los dos años anteriores. Una vez que cesa la residencia efectiva, el contribuyente dispone de un plazo de dos años para venderla sin perder el derecho a la exención. Si la vivienda no tiene la consideración de habitual en ese periodo, no resulta aplicable la exención.
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