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V0110-19 ·17 January 2019 ·consulta-vinculante Medium impact
Tax

Non-inevitable excess allocations in the dissolution of joint ownership are subject to onerous transfers tax

Consultants wish to dissolve the co-ownership of eight properties by allocating specific assets to each party and compensating any excess in cash. The DGT rules that the dissolution will only be taxed as documented legal acts if the excess allocations are unavoidable; otherwise, they will also be subject to onerous property transfer tax.

In 6 key points

How it affects those involved

This ruling clarifies that when dissolving joint ownership, any excess value allocated to a party that could have been settled through other means will trigger onerous transfer tax, rather than being treated solely as a documented legal act.

Lifecycle

2019-01-17PublishedPublished 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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