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V0058-23 ·17 January 2023 ·consulta-vinculante Medium impact
Tax

Dissolution of joint property communities with excess allocation subject to Stamp Duty

Siblings have requested clarification on the taxation of the grouping, segregation, and dissolution of rural estates held in co-ownership. The Directorate General for Taxes (DGT) ruled that if the allocation is proportional to the ownership shares, no onerous transfer occurs, but Stamp Duty (AJD) is still applicable.

In 6 key points

How it affects those involved

This ruling clarifies that while proportional distribution of assets in a community of property dissolution may avoid capital gains tax, it remains subject to Stamp Duty on documented legal acts.

Lifecycle

2023-01-17PublishedPublished 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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