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V0159-18 ·29 January 2018 ·consulta-vinculante Medium impact
Tax

Co-owners must calculate their own capital gains or losses from the sale of a common element

A community of owners has requested clarification regarding the taxation of the sale of a porter's lodge, which is considered a common element. The Directorate General for Taxes (DGT) has ruled that each owner must proportionally calculate their acquisition and transfer values to determine their individual capital gain or loss.

In 6 key points

How it affects those involved

This ruling clarifies that the sale of common property cannot be taxed as a single unit, but must be broken down according to each owner's share to reflect individual tax liabilities.

Lifecycle

2018-01-29PublishedPublished 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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