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V0041-17 ·12 January 2017 ·consulta-vinculante Medium impact
Tax

Dissolution of joint property ownership may be subject to Stamp Duty or Capital Gains Tax

Siblings have requested clarification regarding the taxation of the dissolution and distribution of several jointly owned properties following successive deaths. The Directorate General for Taxes (DGT) explains that if the distribution respects existing ownership shares and no exchanges occur between co-owners, it will only be subject to Stamp Duty.

In 6 key points

How it affects those involved

This ruling clarifies the tax implications for the division of joint property, distinguishing between Stamp Duty (AJD) and transfer taxes depending on whether ownership shares are maintained or exchanged.

Lifecycle

2017-01-12PublishedPublished 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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