Exemption for reinvestment in habitual residence: deadlines as a result of the coronavirus

The DGT declares that in the exemption for reinvestment in habitual residence, the calculation of the period of two years foreseen for the reinvestment in a new house of the amount obtained in the sale of the old one, is paralyzed from 03-14-2020 to 30 -5-2020.

The DGT declares that art. 38  LIRPF  excludes from tax the capital gains obtained by the transfer of the habitual residence, provided that the total amount obtained by the transfer is reinvested in the acquisition of a new habitual residence, under the conditions established in art. 41  RIRPF .

Among these conditions, the term to carry out the reinvestment of the amount obtained in the sale stands out, stating that article that the reinvestment must be carried out, once or successively, in a period not exceeding two years from the date of transfer of the home habitual residence (the amounts obtained in the sale that are destined to satisfy the price of a new habitual residence that had been acquired within the period of two years prior to the transfer of that one) also entitle the reinvestment exemption.

However, certain measures adopted to deal with the economic and social impact of COVID-19 have influenced the aforementioned two-year period that the taxpayer has to reinvest the amounts obtained from the sale of the habitual residence in a new habitual residence. , causing the effect of paralyzing said term. In particular:

– The disp. add. 9th  RDL 11/2020 , which regulated the application of  RDL 8/2020  to certain procedures and acts, established that since the entry into force of RDL 463/2020, of March 14, which declares the status of alarm for the management of the health crisis situation caused by COVID-19, until 04-30-2020, the prescription and expiration periods of any actions and rights contemplated in the tax regulations were suspended.

– In turn, the disp. add. 1st  RDL 15/2020  established that the temporary references made on April 30 and May 20, 2020 in art. 33  RDL 8/2020  and in the disp. add. 8th and 9th  RDL 11/2020 , were understood to have been carried out on 5/30/2020.

Therefore, as established in the aforementioned Royal Decree-Law, for the purposes of the two-year period provided for the reinvestment in a new home of the amount obtained from the sale of the old home, the calculation of said period is paralyzed from 14 -3-2020 -date of entry into force of RDL 463 / 2020- until 05-30-2020.