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A taxpayer over 65 consulted whether they could apply the capital gains exemption for the sale of their former marital home. The DGT ruled that they cannot, as the property ceased to be their primary residence at the time of the matrimonial separation.
Cuestión planteada Exención de la ganancia patrimonial que pudiera obtener el consultante por la venta de la vivienda.
La vivienda deja de ser habitual cuando se produce la separación matrimonial. Para aplicar la exención, la vivienda debe haber sido habitual en el momento de la transmisión o en cualquier día de los dos años anteriores. Al haber ocurrido la separación en 2014 o 2015, no se cumple el requisito de los dos años previos a la venta.
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