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A taxpayer inquired whether transferring a property to settle a debt arising from the liquidation of a community property regime (dissolved in 2003) was exempt from Transfer Tax (ITP). The Directorate General for Taxes (DGT) ruled that the transaction constitutes a 'dation in payment' independent of the dissolution and is therefore subject to tax.
The ruling clarifies that settling debts through property transfers, even those stemming from the liquidation of marital assets, is treated as a taxable transfer of property rather than a tax-exempt distribution of assets.
The tax team reviews your specific situation.
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