How the DGT's position has evolved
Current position
For the reinvestment exemption, the transferred property must be the habitual residence at the time of sale or have been so on any day during the two years prior to the transfer. Both the transferred property and the acquired property must meet the requirements of a habitual residence. The reinvestment must be carried out within a period of two years, either before or after the date of transfer.
The position of the DGT remains constant regarding the definition of the two-year period of habitual residence for the transferred property. No changes have been observed in the interpretation of this temporal requirement from the 2017 rulings to those of 2025. The doctrine is uniform regarding the necessity for the property to have been a habitual residence at any time during the two years prior to the sale.
Analysis based on 19 of 20 rulings with a stated position. Updated 25 September 2026.