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V2358-24 14 November 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption for sale of main residence may apply if resident within the previous two years

An 88-year-old individual enquired whether they could apply for Personal Income Tax (IRPF) exemption when selling the home they had lived in all their life after moving in with their daughter. The Directorate General for Tax (DGT) clarifies that the exemption is applicable if the property served as the main residence at any point during the two years preceding the sale.

The question raised

Whether the exemption under Article 33.4.b) of the Personal Income Tax Law (LIRPF) is applicable in this case.

The DGT's ruling

To apply the exemption for the transfer of a primary residence by persons over 65 years of age, two requirements must be met: having reached 65 years of age on the date of transfer and the residence having been the primary residence up to any day within the two years prior to the date of transfer. Residence is proven by any valid means of evidence.

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