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A Mexican tax resident asks whether she can exempt gains from the sale of her former Spanish home by reinvesting the proceeds in a new home in Mexico. The DGT responds that such exemption is not applicable.
Cuestión planteada
La exención por reinversión no es aplicable porque el consultante es residente en México, por lo que no puede acogerse a la disposición adicional séptima del TRLIRNR, que es exclusiva para residentes en la UE o el EEE. Además, la vivienda en España ya no tiene la consideración de vivienda habitual, pues no se ha mantenido como tal en los dos años anteriores a la transmisión.
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