How the DGT's position has evolved
Current position
The reinvestment exemption requires that the transferred property be the habitual residence, understood as continuous residence for at least three years. Exceptions are admitted for exceptional circumstances, such as job transfers or separation, that allow the property to be qualified as a habitual residence before said period. The status of habitual residence is lost if one ceases to reside in it and more than two years pass until the sale. The accreditation of residence is a matter of fact where census registration (empadronamiento) is insufficient on its own.
The DGT's position remains constant regarding the definition of habitual residence and the two-year periods prior to the transfer. There are no changes in the interpretation of the exemption for job transfers or exceptional circumstances. The only doctrinal novelty is the precision regarding the burden of proof, indicating that census registration is not enough to accredit residence.
Turning points
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Introduces the need to prove residence through valid means, noting that census registration is an insufficient element on its own.
Analysis based on 28 of 31 rulings with a stated position. Updated 21 July 2026.