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V2469-23 14 September 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · nuda propiedad

The exemption for the transfer of a primary residence may be applied when transferring bare ownership

The inquiry asks whether the transfer of the bare ownership of a dwelling, while reserving the usufruct, allows for the application of the exemption for persons over 65 years of age. The DGT responds that the exemption is applicable if the requirements of primary residence and age or dependency are met.

The question raised

1st Conditions for the application of the exemption contained in article 33.4.b) of the LIRPF in the event of the transfer of bare ownership and the reservation of life usufruct over the dwelling.

The DGT's ruling

The transfer of bare ownership generates a capital gain or loss. If the dwelling is the taxpayer's primary residence and the taxpayer is over 65 years of age or in a situation of severe or great dependency, the capital gain derived from the transfer of the bare ownership shall be exempt. The status of primary residence is determined according to the LIRPF and its Regulations.

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