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V3628-20 22 December 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por reinversión

Full ownership required for three years to qualify for main residence reinvestment exemption

The taxpayer asks whether they can apply for the reinvestment exemption after receiving a property as a gift and subsequently selling it, having resided there for 15 years without being the owner. The DGT rules that the three-year period of residence must be counted from the date the taxpayer acquires legal ownership.

The question raised

Possibility of applying the exemption for reinvestment in a primary residence regarding the capital gain obtained without having resided in it for 3 years since its acquisition.

The DGT's ruling

For a dwelling to be considered a primary residence, it must be the effective and permanent residence of the taxpayer for at least three continuous years from its acquisition. The period of residence prior to the acquisition of ownership cannot be taken into account. Therefore, the taxpayer must hold full ownership of the dwelling during the minimum period of residence required to access the exemption.

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