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V0111-25 ·7 February 2025 ·consulta-vinculante Low impact
Tax

The dissolution of a community of property without business activity is subject to Stamp Duty if the allocations respect the ownership shares

A co-owner inquires about the taxation of dissolving a community of property by allocating a property to her with monetary compensation. The DGT states that if the allocation respects ownership shares, there is no onerous transfer; however, if there is an excess allocation, it may be taxable if certain conditions are met.

In 6 key points

How it affects those involved

An excess allocation in property distribution during community dissolution may trigger taxable events if specific conditions are met.

Lifecycle

2025-02-07PublishedPublished 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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