Junts has denounced this Friday that the Treasury wants to tax the sale of the apartment of elderly people living in a residence. In this regard, Junts leader Pilar Calvo stated that "we are talking about people who do not sell their home out of whim, but out of necessity, because they have to pay for the residence. A situation of vulnerability cannot be fiscally penalized."
Regarding this, the deputy spokesperson for Junts in Congress has submitted a series of questions to Pedro Sánchez's Government, demanding explanations about the criteria of the Tax Agency in relation to the taxation of the sale of the habitual residence of people over 65 years of age who reside in geriatric care centers due to dependency.
In the middle of the Income Tax Campaign
In the middle of the income tax filing campaign, Junts warns that the Tax Agency has sown alarm among the elderly by applying a criterion that contradicts court rulings from the High Court of Justice of Catalonia and the Regional Economic-Administrative Court of Madrid, based on the doctrine of the Supreme Court.
The criterion of the tax authority is set out in the response to a binding consultation to the Tax Agency, in which it is established that a dwelling ceases to be considered a habitual residence if more than two years have passed since the taxpayer lives in a residence, without taking into account that people who are in a residence are usually there for health or dependency reasons.
With this resolution from the Treasury, this could force many people over 65 years of age to pay income tax on the gains obtained from the sale of their apartment.
Calvo warns that this interpretation overlooks the reality of many families: "We are talking about people who do not sell their homes on a whim, but out of necessity, because they have to pay for a nursing home. You cannot fiscally penalize a situation of vulnerability."
Translation made with the free version of the translator DeepL.com