How the DGT's position has evolved
Current position
The exemption for the transfer of a primary residence requires that the property has been a residence for at least three years, except in circumstances that necessarily require a change of domicile. For those over 65 years of age, the exemption applies if the age requirement is met on the date of the transfer. In cases of reinvestment, both the transferred and the acquired property must be primary residences, and the reinvestment period is two years prior to or following the disposal.
The DGT's position remains constant regarding the definition of a primary residence and the reinvestment periods. A trend is observed toward clarifying the nature of the 'necessity' of the change of domicile and the insufficiency of the census registration (empadronamiento) as sole proof. There are no changes in criterion, but rather a rigorous application of the requirements of habituality and temporality.
Turning points
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Defines that the change of domicile must be an irresistible obligation to avoid the three-year period, differentiating it from voluntary options.
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Establishes that the census registration is an insufficient element on its own to prove habitual residence.
Analysis based on 90 of 101 rulings with a stated position. Updated 19 July 2026.