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V2515-21 7 October 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The donation of part of the primary residence by individuals over 65 may be exempt from Personal Income Tax

A taxpayer over the age of 65 inquires whether the donation of a portion of their primary residence is tax-exempt. The DGT indicates that, provided the residency requirements are met, the capital gain derived from said donation would be exempt.

The question raised

Application of the exemption for the transfer of the primary residence by individuals over 65.

The DGT's ruling

Capital gains from the transfer of the primary residence by individuals over 65 are exempt pursuant to Article 33.4.b) of the LIRPF. For the donation of a portion of the property to be exempt, it must be established that the building constitutes the primary residence at that time or has been so during the two preceding years. The status of primary residence is a question of fact that must be substantiated with valid means of evidence.

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