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V2907-23 31 October 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption for construction requires completion within four years and adherence to payment deadlines

The taxpayer asks whether they can apply for the reinvestment exemption after selling their primary residence and building a new one on a previously acquired plot of land. The DGT rules that construction is treated as an acquisition, provided it is completed within four years of the start of the investment and that the reinvestment payments are made within the two years preceding or following the sale.

The question raised

Question posed: Requirements to qualify for the exemption due to reinvestment in a primary residence.

The DGT's ruling

To apply the exemption for housing construction, two conditions must be met: 1) the amount must be reinvested within a period of two years (before or after) the transfer of the old residence, and 2) the work must be completed within a period not exceeding four years from the start of the investment. Payments made outside the two-year period prior to the sale do not count as a reinvested amount. The four-year period for the work is counted from the first payment considered part of the reinvestment.

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