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V2290-24 28 October 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption may apply if sale proceeds are used to acquire a share of a new property

A taxpayer intends to sell their primary residence to purchase a new property under joint ownership with another person. The DGT has ruled that the exemption may be applied to the portion of the proceeds allocated to acquiring their share of the new property.

The question raised

Whether the exemption for reinvestment is applicable to the capital gain obtained.

The DGT's ruling

For the exemption to apply, the dwelling must be the primary residence both at the time of transfer and at the time of acquisition. The reinvestment must be carried out within a period of two years prior to or following the transfer. If the amount reinvested is less than the amount obtained, only the proportional part of the gain corresponding to the amount actually invested shall be excluded.

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