How the DGT's position has evolved
Current position
The tax benefit for investment in a primary residence requires full ownership and compliance with an effective residence period of three continuous years. This three-year period must be calculated exclusively from the acquisition of full ownership, excluding any residence periods prior to said acquisition. In cases of joint ownership, the deduction is applied proportionally to the respective ownership share of each taxpayer.
The DGT's position remains constant in requiring full ownership to access tax benefits. It is repeatedly confirmed that the calculation of the three years of residence must begin from the acquisition of the property, invalidating any previous period of stay. No changes in criterion are observed, but rather a uniform application of the requirements regarding timing and ownership.
Analysis based on 43 of 44 rulings with a stated position. Updated 16 September 2026.