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V2641-25 23 December 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption for sale of habitual home available if 65 before delivery

The taxpayer asks whether the IRPF exemption for those over 65 can be applied if a deposit or lease with option to buy is signed before turning 65, but the sale occurs after. The tax authority states that the exemption applies only if the property is delivered after reaching 65 years of age.

The question raised

Your inquiry consists of determining whether the exemption from capital gains tax on the transfer of a primary residence for individuals over 65 may be applied to Personal Income Tax in the event of signing an earnest money contract or a lease-purchase agreement before said date, and formalizing the sale deed after reaching the age of 65. Furthermore, you request clarification on whether the amounts obtained from the earnest money or the lease would be subject to taxation and in what manner.

The DGT's ruling

The exemption from capital gains tax on the transfer of a primary residence for individuals over 65 requires having reached said age on the date of the transfer. The transfer is understood to occur in the tax period in which the asset is delivered, which generally coincides with the execution of the public deed. If the delivery occurs after reaching the age of 65, the exemption may be applied provided that the residence has been the primary residence for up to two years prior to the transfer. Earnest money deposits are considered advance payments, and rental payments under a lease-purchase agreement reduce the transfer price.

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