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V2300-18 7 August 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The exemption for the transfer of a primary residence for persons over 65 years of age applies only to the percentage of full ownership

A taxpayer inquired whether the exemption for the sale of a primary residence for persons over 65 years of age could be applied to the entirety of the capital gain. The DGT responds that the exemption is only applicable to the proportional part of the gain corresponding to their percentage of full ownership.

The question raised

Whether the exemption for the transfer of a primary residence for persons over 65 years of age can be applied to the total capital gain obtained.

The DGT's ruling

The exemption under Article 33.4.b) of the LIRPF for persons over 65 years of age applies solely to the proportional part of the capital gain corresponding to the taxpayer's percentage of full ownership. In the event that the taxpayer also holds a usufruct, the gain obtained from said usufruct is not subject to the exemption. The tax benefits for the primary residence are linked to the ownership of full ownership, even if shared.

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