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V2772-20 10 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Two-year deadline for main residence reinvestment exemption suspended due to COVID-19 state of alarm

The inquirer asks whether the COVID-19 state of alarm affects the calculation of the two-year period for the main residence reinvestment exemption. The DGT rules that the calculation of this period was suspended from 14 March 2020 to 30 May 2020.

The question raised

Whether the state of alarm declared as a result of the COVID-19 epidemic affects the calculation of the two-year period referred to in Article 38 of the LIRPF in relation to the exemption for reinvestment in the primary residence.

The DGT's ruling

For the reinvestment exemption, the legal acquisition of the new dwelling must occur within the two years following the transfer of the previous one. Pursuant to Royal Decree-Laws 11/2020 and 15/2020, the calculation of this two-year period is suspended from the entry into force of Royal Decree 463/2020 (March 14, 2020) until May 30, 2020. Therefore, said suspension period must be integrated into the calculation of the legal period.

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