Skip to content
Back to index
V3124-23 1 December 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Income tax exemption for the sale of a primary residence may apply to individuals over 65

A 68-year-old taxpayer has enquired about the requirements for applying the exemption on the transfer of their home. The DGT clarifies that to qualify for the age-based exemption, the property must have served as the taxpayer's primary residence until no more than two years prior to the sale.

The question raised

Taxation and requirements for the application of the exemption under Article 33.4.b) of the Personal Income Tax Law (LIRPF).

The DGT's ruling

To apply the exemption for capital gains from the transfer of a primary residence for individuals over 65 years of age, two requirements must be met: having reached 65 years of age on the date of the transfer and the residence having been considered a primary residence on any day during the two years prior to the date of the transfer. Residency is proven by any means of proof valid under the law.

Book your free first meeting