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V2858-20 22 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Spouses may each apply for the reinvestment exemption if they allocate their share of the gain to their new primary residence

A married couple selling their primary residence held under community property regime, who are switching to a separation of assets regime, inquired whether each spouse could apply for the reinvestment exemption when purchasing separate homes in different cities for work reasons. The DGT ruled that this is possible provided that the reinvestment and primary residence requirements are met for each individual.

The question raised

Whether the reinvestment exemption is applicable.

The DGT's ruling

Each spouse may apply the reinvestment exemption to the capital gain obtained from the transfer of their share of the primary residence, provided that the amount obtained is reinvested within a period of two years in the acquisition of a new residence that is considered a primary residence. The classification as a primary residence must apply to both the transferred residence and the acquired one. Effective residence is a matter of fact that must be proven to the Administration.

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