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V2925-20 29 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Deadline for submitting supplementary tax returns due to failure to reinvest in main residence

The taxpayer asks when a supplementary tax return must be filed if the proceeds from the sale of their main residence are not reinvested within two years. The DGT rules that the non-exempt capital gain must be taxed in the tax year the gain was realised, including late payment interest.

The question raised

In the event that the reinvestment does not occur within the indicated period, at what time must the supplementary self-assessment be filed.

The DGT's ruling

If the two-year reinvestment period is not met, the capital gain must be taxed in the year it is obtained. The supplementary self-assessment must be filed within the period between the date on which the non-compliance occurs and the end of the statutory filing period for the tax period in which said non-compliance occurs. Late payment interest must be included from the end of the filing deadline for the tax return of the corresponding fiscal year.

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