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V2315-25 27 November 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Purchase of property by inheritance does not allow reinvestment exemption

The consultant sold their primary residence and wished to use the proceeds to pay off the mortgage on a property inherited, which would become their new primary residence. The DGT states that the reinvestment exemption does not apply because the inherited property does not constitute an acquisition eligible for reinvestment under the required conditions.

The question raised

Whether the exemption for reinvestment may be applied by considering the amount allocated to the cancellation of said mortgage as a reinvested amount.

The DGT's ruling

For the exemption to apply, it is necessary to reinvest the total amount obtained in the acquisition or rehabilitation of a new primary residence. In this case, as the dwelling is acquired through inheritance (gratuitously), the necessary reinvestment does not occur within the two-year period. Therefore, the capital gain from the sale of the previous dwelling is not exempt.

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