8.2.6.2.4. Capital gains and losses derived from transfers of other assets

This section will include capital gains and losses (that do not come from Collective Investment Institutions or prizes, nor from shares admitted to trading in official markets that must be declared in the previous sections), which are revealed on the occasion of transfers. of heritage elements or improvements made to them.

Exemption for reinvestment in habitual residence

When the capital gain derives from the transfer of the taxpayer's habitual residence and the reinvestment exemption (total or partial) applies to it, the data required in this section must be completed.

Capital gains arising from the transfer of the taxpayer's habitual residence may be exempt when the total amount of the transfer value is reinvested in the acquisition or rehabilitation of a new home, under the conditions indicated below. For these purposes, it will be understood that the taxpayer is transferring his or her habitual residence, when it constitutes his or her habitual residence at that time or had had such consideration until any day of the two years prior to the date of transfer.

When the taxpayer has used external financing to acquire the transferred home, the total amount obtained will be considered, exclusively for these purposes, the result of reducing the transfer value in the principal of the loan that is pending amortization at the time of the transfer. .

Likewise, the amounts obtained in the sale that are intended to satisfy the price of a new habitual residence that would have been acquired within the period of two years prior to that one will be entitled to the reinvestment exemption.

Reinvestment deadline

The reinvestment of the amount obtained in the sale must be carried out, in one go or successively, in a period not exceeding two years.

It will be understood that the reinvestment is carried out within the deadline when the sale has been carried out in installments or with a deferred price, provided that the amount of the installments is used for the purpose indicated within the tax period in which they are received.

When, in accordance with the provisions of the previous paragraphs, the reinvestment is not carried out in the same year as the sale, the taxpayer will be obliged to state in the tax return for the year in which the capital gain is obtained his intention to reinvest under the conditions and deadlines indicated.

Partial reinvestment

In the event that the amount of the reinvestment is less than the total amount of the transfer value, only the proportional part of the capital gain that corresponds to the amount actually invested under the conditions of this article will be excluded from taxation.

Breach of conditions

Failure to comply with any of the conditions established in this article will determine the subjection to taxation of the corresponding part of the capital gain.

In such case, the taxpayer will allocate the part of the non-exempt capital gain one year after it was obtained, making a complementary declaration-settlement, including late payment interest, and it will be presented within the period between the date on which it occurs. non-compliance and the end of the regulatory declaration period corresponding to the tax period in which said non-compliance occurs

1. 8.2.6.2.4.1. Type of heritage element
2. 8.2.6.2.4.2. Transmission and acquisition dates
3. 8.2.6.2.4.3. Transfer value: unaffected elements
4. 8.2.6.2.4.4. Transfer value: affected elements
5. 8.2.6.2.4.5. Cost price
6. 8.2.6.2.4.6. Other capital gains (to be included in the Savings Tax Base)