Skip to content
Back to index
V2198-24 14 October 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención

Exemption for sale of primary residence requires transfer to occur after age 65

A query was raised regarding whether the Personal Income Tax (IRPF) exemption for the sale of a primary residence applies if the contract is signed at age 60 but the deed is executed at age 65. The Directorate General for Tax (DGT) ruled that the exemption is only applicable if the transfer (both title and mode) takes place once the individual has reached the age of 65.

The question raised

Application of the exemption set forth in Article 33.4.b) of Law 35/2006.

The DGT's ruling

To apply the exemption provided in Article 33.4.b) of Law 35/2006, the transfer of the dwelling must be carried out through the concurrence of title and mode after reaching the age of 65. If the delivery of the property occurs before reaching said age, the exemption shall not be applicable. The transfer is determined by the concurrence of title and delivery, which may be the handing over of keys, the granting of possession, or the execution of a public deed.

Book your free first meeting