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V4356-16 11 October 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Transfer of primary residence exempt from Income Tax for persons with severe or major dependency

The inquirer asks whether tax reductions apply to the sale and purchase of property for persons with disabilities and reduced mobility. The DGT responds that capital gains from the sale of a primary residence are exempt if the individual is in a situation of severe or major dependency.

The question raised

Whether there is any reduction in the taxes levied on the sale and purchase of a residence for persons in the circumstances described above.

The DGT's ruling

In the transfer of the primary residence, capital gains are exempt if the taxpayer is over 65 years of age or is in a situation of severe or great dependency. For the exemption to apply, the building must have served as the primary residence for at least three years or meet the habitual residence requirements according to the Regulations. In the case of the acquisition of a residence, there is no deduction for investment in the primary residence.

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