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V2268-20 3 July 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption for primary residence requires legal acquisition within two years

The taxpayer asks whether they can apply the reinvestment exemption to a property under construction if delivery occurs in 2022, following the sale of their primary residence in 2019. The DGT clarifies that the acquisition must take place within two years and explains how the calculation of these periods was suspended due to COVID-19 regulations.

The question raised

Possibility of applying for the exemption for reinvestment in a primary residence, exempting the capital gain generated from the sale of the primary residence.

The DGT's ruling

For the exemption, the legal acquisition of the new dwelling must take place within a period not exceeding two years from the transfer of the primary residence. Legal acquisition occurs when the title or contract and the delivery or tradition concur. Due to COVID-19 regulations, the calculation of this period is suspended from March 14, 2020, until May 30, 2020.

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