Back to index
V3123-21 16 December 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Reinvestment exemption applicable if the sold property was a primary residence in the two years prior to sale

The inquirer asks whether their current home qualifies as a primary residence to apply the reinvestment exemption if they plan to live in a rented property before purchasing a new one. The DGT rules that the transferred property must be the primary residence at the time of sale or must have been so during the two years preceding the sale.

The question raised

Whether the property to be transferred can be classified as a primary residence pursuant to Article 41 bis of the RIRPF, for the purposes of applying the reinvestment exemption.

The DGT's ruling

For the reinvestment exemption, the transferred property must be the taxpayer's primary residence at the time of transfer or must have been considered such on any day during the two years preceding the date of transfer. Likewise, the newly acquired property must also meet the requirements of a primary residence. The reinvestment of the total amount must be carried out within a period not exceeding two years from the date of transfer.

Book your free first meeting