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A taxpayer inquired whether they could apply for the reinvestment exemption after moving back into their former primary residence following a divorce. The Directorate General of Taxes (DGT) ruled that for a property to be considered a primary residence, it must have served as a residence for at least three continuous years.
Cuestión planteada Posibilidad de aplicar la exención por reinversión en vivienda habitual.
Para aplicar la exención, la vivienda transmitida debe ser habitual en el momento de la venta o haberlo sido en cualquier día de los dos años anteriores. La vivienda habitual requiere una residencia continuada de al menos tres años, salvo circunstancias excepcionales como el divorcio. En este caso, para que la vivienda vuelva a ser habitual, debe cumplirse el plazo de tres años de residencia continuada desde que el consultante regresó a ella.
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