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The taxpayer sold a property that had been their primary residence but had been rented out since 2016. The Tax Agency ruled that the reinvestment exemption cannot be applied because the sale took place more than two years after the property ceased to be the taxpayer's primary residence.
Cuestión planteada Aplicación de la exención por reinversión en vivienda habitual.
Para aplicar la exención, la vivienda transmitida debe ser la vivienda habitual en el momento de la venta o haberlo sido en cualquier día de los dos años anteriores. Una vez que se deja de residir efectivamente en la vivienda, el contribuyente dispone de un plazo de dos años para su venta sin perder el derecho a la exención. Si la transmisión se produce tras haber dejado de tener la consideración de vivienda habitual con más de dos años de antelación, no se cumple el requisito legal.
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