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V2983-23 14 November 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Purchasing a plot of land outside the two-year window is not considered reinvested funds for tax exemption

The taxpayer asks whether the price paid in 2010 for a plot of land intended for their future primary residence can be counted as a reinvestment. The Directorate General for Taxes (DGT) responds that it cannot, as the investment must be made within the two-year period preceding or following the sale of the previous residence.

The question raised

Question posed: Whether the purchase price of the plot acquired in 2010, where the taxpayer intends to construct their new primary residence, can be considered a reinvested amount for the purposes of the exemption for reinvestment in a primary residence.

The DGT's ruling

To qualify for the exemption, the total amount obtained must be reinvested in the acquisition or construction of the new dwelling within a period of two years (before or after) the disposal. In the case of construction, the investment must comply with the time limits set forth in Article 55 of the RIRPF. Payments made for a plot of land outside said two-year period are not considered a reinvested amount. Construction must be completed within a period not exceeding four years from the commencement of the investment.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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