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V2747-21 10 November 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption may apply when proceeds from sale of main residence are used to acquire part of a spouse's home

A taxpayer inquired whether the reinvestment exemption could be applied when using funds from the sale of their main residence to purchase a 50% share of their husband's property. The Directorate General for Taxes (DGT) ruled that this is permissible, provided that all statutory deadlines and main residence requirements are met.

The question raised

Whether the exemption for reinvestment is applicable to the capital gain obtained.

The DGT's ruling

To qualify for the exemption, the taxpayer must reinvest the total amount obtained in the acquisition of a new primary residence within a period of two years (prior to or following the transfer). In this case, the exemption shall be applied proportionally to the amount effectively allocated to the acquisition of the spouse's share of the dwelling. Both dwellings must comply with the primary residence requirements established in the Regulations.

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