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V0028-14 ·13 January 2014 ·consulta-vinculante Medium impact
Tax

Conversion of private areas to common elements in horizontal property is subject to AJD tax if it has value

A query was raised regarding whether the modification of horizontal division following renovation works triggers Stamp Duty (AJD) and on what basis. The DGT ruled that the conversion of private surface area into common elements is taxable, whereas changes to participation coefficients are not.

In 6 key points

How it affects those involved

The ruling clarifies the tax implications of structural changes in community property, distinguishing between the reallocation of physical space and the adjustment of ownership shares.

Lifecycle

2014-01-13PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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