184.108.40.206.4. Capital gains and losses derived from transfers of other equity elements
Capital gains and losses (not from Collective Investment Institutions or from prizes, or shares admitted to trading will be included in this section to negotiation in official markets that must be declared in the previous sections), which are made manifest in the event of transfers of equity elements or improvements made to them.
Exemption for reinvestment in primary residence
When the capital gain resulting from the transfer of the taxpayer's habitual residence and the reinvestment exemption (total or partial) is applicable, the details required in this section must be filled in.
Capital gains that are shown in the transfer of the taxpayer's main residence may be exempt when the total amount of the transfer value is reinvested in the acquisition or renovation of a new home, under the conditions indicated below. For these purposes, it will be understood that the taxpayer is transmitting their habitual residence, when they are their primary residence at that time or have had such consideration until any day of the two years prior to the transfer date.
When the taxpayer has used third-party financing to acquire the transferred property, it will be considered, exclusively for these purposes, as the total amount obtained resulting from reducing the transfer value in the principal of the loan that is pending amortisation at the time of transfer.
Likewise, the amounts obtained in the sale to pay the price of a new habitual residence that had been acquired within the two years prior to the sale will be eligible for the reinvestment exemption.
Term for reinvestment
The reinvestment of the amount obtained in the disposal must be carried out, once or successively, in a period not exceeding two years.
Reinvestment will be understood to be carried out within the term when the sale has been made in instalments or at a deferred price, provided that the amount of the instalments is allocated to 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 of the disposal, the taxpayer will come obliged to declare in the tax return for the year in which the capital gain is obtained its intention to reinvest in the terms and conditions stated.
If the amount of the reinvestment is less than the total amount of the transfer value, only the proportional part of the capital gain corresponding to the amount actually invested in the conditions of this article will be excluded from taxation.
Non-compliance with the conditions
Failure to comply with any of the conditions set out in this article will determine the taxation of the share capital gain.
In this case, the taxpayer will charge the portion of the capital gain not exempt from the year of acquisition, making a supplementary tax return-settlement , including late payment interest, and will be presented within the period between the date of the default and the end of the statutory period for filing the tax return corresponding to the tax period in which this non-compliance occurs8,2,6,2,5. Imputation of profit and loss in previous years 8,2,6,3. Deferred for the allocation of capital gains for reinvestment