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Practical Heritage Manual 2022.

10. Taxpayer's principal residence

Regulations: Art. 4.Four Wealth Tax Law

The taxpayer's habitual residence is exempt, to a maximum sum of 300,000 euros.

The exemption will be applied by the taxpayer who holds the right of ownership, full or shared, or a real right of use or enjoyment over the habitual residence (usufruct, use or habitation).

Taxpayers who hold rights that do not give rise to the use and enjoyment of the habitual residence (such as, for example, bare ownership, which only gives its holder the power to dispose of the residence, but not its use and enjoyment), will not be able to apply the habitual residence exemption.

For the purposes of applying the exemption, is considered to be the habitual residence where the declarant resides for a continuous period of three years. However, the dwelling will be deemed to have had that character when, despite the said period not having elapsed, the taxpayer dies or circumstances occur that necessarily require the change of dwelling, such as marital separation, job transfer, obtaining a first job or a more advantageous job or other similar circumstances.