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V2327-19 10 September 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption cannot be applied if the sold property was not a primary residence in the two preceding years

A taxpayer inquired whether they could apply for the reinvestment exemption after selling a property that had been rented out. The DGT ruled that this is not possible because the property did not meet the requirement of being a primary residence at the time of sale or during the two years prior.

The question raised

Question posed: Whether the exemption for reinvestment in a habitual residence may be applied.

The DGT's ruling

To apply the exemption, the transferred property must be the habitual residence at the time of sale or have been so on any day during the two years prior to the transfer. In this case, as the property is leased and the taxpayer has been residing in another domicile since 2010, the habitual residence requirement is not met. The exemption only applies to cases of transfer of the habitual residence.

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