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Practical Income Manual 2021.

7. Total or partial loss of the right to exemption for reinvestment in habitual residence and in new or recently created entities

Regulations: Art. 41.5 Regulation Personal Income Tax

A complementary self-assessment must be submitted when, after the application of the exemption for reinvestment of the capital gain derived from the transfer of the habitual residence or of shares or participations in newly or recently created entities, the right to such exemptions.

The loss of the right to the aforementioned exemption may occur as a result of:

  • The reinvestment has not been made within the legally established period.

  • Any other of the conditions that determine the right to the aforementioned tax benefit has not been met.

Precision: See in this regard, within Chapter 11, the conditions and requirements that determine both the exemption of the capital gain obtained in the transfer of the habitual residence of the taxpayer by reinvestment in another habitual residence of the amount obtained in the transfer of the previous one, such as the exemption of the capital gain obtained in the transfer of shares or participations for which the deduction for investment in new or recently created companies would have been made provided for in article 68.1 of the Personal Income Tax Law , when the amount obtained from the aforementioned transfer is reinvested in the acquisition of shares or participations in another newly or recently created entity.

The complementary self-assessment will be submitted within the period between the date on which the non-compliance occurs and the end of the regulatory declaration period, corresponding to the tax period in which said non-compliance occurs.

In this case, late payment interest is settled by the tax management bodies, after verifying in each case that it has not been included by the taxpayer.

The settlement period will be computed from the end of the deadline for submitting the declaration for the year to which the supplementary refers until the date of entry, provided that it has been carried out within the period provided for in the regulations indicated.

Note: If the complementary declaration responds to this circumstance, the taxpayer must mark with an "X" the box [117] of the "Complementary declaration" section of the declaration.