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 habitual residence.
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.
To apply the reinvestment exemption, it is not necessary that there be an effective material reinvestment of the funds obtained in the transfer of the habitual home - which would mean that only the amounts actually disbursed in the new home could be considered reinvested, but not the amount financed - but the reinvestment must be understood in an economic sense considering the entire acquisition value of the new home regardless of whether its amount has been paid or financed.
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.
Due to the state of alarm declared as a result of the COVID-19 epidemic, the two-year period planned for reinvestment has been paralyzed from March 14, 2020, the date of entry into force of Royal Decree 463/2020, until May 30, 2020.
Likewise, the period provided for in article 41 bis.3 of the Personal Income Tax Regulations calculated from when the home ceased to be habitual until it is sold has also been affected by the aforementioned stoppage.
Partial reinvestment
In the case of partial reinvestment, 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