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A taxpayer sold their primary residence and purchased a two-storey property without horizontal division, subsequently renting out one of the floors. The Directorate General of Taxes (DGT) ruled that the reinvestment exemption shall only apply proportionally to the part of the new property used as a primary residence.
Cuestión planteada Si resulta de aplicación la exención por reinversión.
Para que la ganancia patrimonial esté exenta, la nueva vivienda debe ser habitada de manera efectiva y permanente por el contribuyente. Si la nueva vivienda se destina parcialmente al arrendamiento, la exención solo se aplicará a la parte proporcional de la ganancia que corresponda al importe efectivamente reinvertido en la vivienda destinada a residencia habitual.
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