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Doctrine by topic · DGT Observatory

Undivided Share: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 20 rulings · 2014–2026

Current position

The exemption for the transfer of a primary residence for individuals over 65 requires that the property has been the effective and continuous residence of the taxpayer for at least three years since the acquisition of the undivided share. In cases of dissolution of the marital partnership, the calculation of the residence period is not fragmented. In cases of separation or divorce, effective occupation is proven if the property was the residence of the spouse remaining in it at the time of the transfer or during the two preceding years.

The DGT's position remains stable regarding the application of exemptions and deductions on the undivided share. The evolution shows a transition from the application of transitional regimes for investment deductions (2016-2018) towards the clarification of effective residence requirements and the calculation of periods in cases of division of common property or matrimonial dissolution (2021-2024).

Turning points

  1. V1427-21

    Establishes that in the division of common property, the calculation of the three-year residence period is not fragmented, but is instead counted from the original acquisition.

  2. V0326-24

    Specifies that in cases of separation or divorce, effective occupation is met if the property was the residence of the spouse remaining in it at the time of the transfer or during the two preceding years.

Analysis based on 20 of 20 rulings with a stated position. Updated 25 September 2026.

Rulings on this topic

20
V5053-16 21 Nov 2016

Death of matrimonial regime subject to IRNR

SG de Fiscalidad Internacional
ganancia patrimonialrégimen económico matrimonialsociedad de ganancialesenajenación de bienes inmueblesdoble imposición Convenio España - IndonesiaTRLIRNR — RDLeg 5/2004 del IRNR art. 13.1.i).3º
Affects CompanyExpat · Non-residentIndividual

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