ICONOS FINALES-TRAZADOS

Two years to sell the property

Translation generated by AI. Access the original version

The exemption for the sale of the primary residence may apply even if it has been rented out during the two years prior to the sale.

When a person over 65 years old transfers their primary residence, the capital gain obtained is exempt from taxation in the IRPF, without the need for any reinvestment. This incentive is also applicable when the seller is a person in a situation of severe dependency or great dependency.

However, the following additional requirements must be met:

  • The transferred property must constitute the habitual residence of the transferor, that is, the one in which they have resided for a continuous period of three years, unless certain circumstances require them to move before reaching those three years.

  • Furthermore, it is necessary for the sale to occur before two years have elapsed since the property ceased to constitute the primary residence.

Well, the Tax Agency has confirmed that compliance with this second requirement – selling before two years since the property ceases to have the character of habitual – is independent of what the taxpayer does with it during that time. It does not matter if during that period the property has remained vacant or if it has been rented: if the property is sold before two years, it still grants the right to the exemption in the IRPF (as long as the rest of the requirements are met).

 

If you want to sell a property you own, consult us: we will advise you on how to correctly declare the gain obtained in the IRPF and not pay more tax than necessary.

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