How the DGT's position has evolved
Current position
The exemption of capital gains from the transfer of a primary residence for individuals over 65 requires that the taxpayer has reached said age on the date of the transfer. The transfer is understood to have occurred in the tax period in which the asset is delivered. The status of primary residence must be proven through valid means of evidence, as registration in the municipal register (empadronamiento) is not sufficient on its own.
There is no coherent doctrinal evolution in the provided sequence because the rulings concern exemptions of entirely different legal and tax natures (IVA, IRPF on pensions, IRPF on housing, and IRPF on dismissal). As there is no common thematic thread, it is not possible to establish an evolution of the DGT's position on a single concept.
Analysis based on 88 of 99 rulings with a stated position. Updated 19 July 2026.