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A taxpayer has inquired whether they can apply the exemption for reinvestment in their primary residence when selling their home before the three-year mark to purchase a larger one, due to the need for space for remote working. The Directorate General for Taxes (DGT) indicates that a lack of space for non-presential work is not included as a circumstance that necessarily requires a change of residence.
Cuestión planteada Si es de aplicación la exención por reinversión en vivienda habitual.
Para que una vivienda sea habitual antes de cumplir tres años, deben concurrir circunstancias que exijan necesariamente el cambio de domicilio. La normativa no incluye específicamente la ausencia de espacio para teletrabajar como una de estas circunstancias. El contribuyente deberá probar ante la Administración si su situación particular constituye una necesidad indispensable que obligue al cambio de residencia.
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