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V2718-23 6 October 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Reinvestment exemption applies only to the portion of capital gains relating to the primary residence

The applicant asks whether the exemption for reinvesting in a primary residence applies to the sale of a consolidated estate that includes separately acquired land. The DGT rules that the land is not treated as part of the residence and that the exemption only applies to the proportional share of the gain relating to the plot used as a primary residence.

The question raised

Whether the exemption for reinvestment in a primary residence could be applicable to the capital gain obtained from the transfer of the grouped estate, or only to the property initially acquired, and in that case, how the amount obtained from the sale would be distributed among the three estates for the purposes of applying the exemption.

The DGT's ruling

Land acquired in a transaction separate from that of the dwelling is not assimilated to the acquisition of a primary residence. To apply the exemption, the portion of the transfer value corresponding to the dwelling's plot must be determined by the proportion that its market value represents relative to the total market value of the three plots. Only that portion of the amount obtained must be reinvested to be entitled to the exemption.

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