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V2728-20 7 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Spouses may apply the primary residence reinvestment relief to their share of community property gains

A married couple under the community property regime (gananciales) inquired whether they could apply the primary residence reinvestment relief after selling their joint home and dissolving the community property to purchase separate private residences. The Directorate General of Taxes (DGT) ruled that, as the gain is attributable to each spouse at 50%, each spouse may claim the relief for the portion they reinvest in their new home.

The question raised

Possibility of applying the exemption for reinvestment in a primary residence.

The DGT's ruling

The capital gain from the sale of a matrimonial property is attributed equally to each spouse. If each spouse reinvests their share in the acquisition of a new primary residence held under separate ownership, they may benefit from the exemption in proportion to the amount actually reinvested. To this end, the requirements for a primary residence must be met for both the transferred and the acquired property, and the reinvestment must be carried out within a period not exceeding two years.

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