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The taxpayer asks whether they can apply the reinvestment exemption for a primary residence after selling a marital home, having moved their residence in 2010. The DGT rules that this is not possible because the property has not been the primary residence during the two years prior to the sale.
Cuestión planteada Si puede acogerse a la exención por reinversión en vivienda habitual.
Para aplicar la exención, la vivienda transmitida debe ser la vivienda habitual en el momento de la venta o haberlo sido en cualquier día de los dos años anteriores a la transmisión. Si la vivienda dejó de ser habitual hace más de dos años, no se cumple este requisito, siendo irrelevante la fecha de empadronamiento actual.
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