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A taxpayer has requested clarification on how excess adjudication should be taxed when dissolving various joint property communities (arising from purchases and inheritances) and which value should be applied. The DGT has ruled that the excess is taxed according to its legal nature and that the tax base is the value declared on the date of dissolution.
This ruling clarifies the tax treatment of surplus assets distributed during the dissolution of joint ownership, ensuring that the specific nature of the transfer (onerous or gratuitous) determines the applicable tax.
The tax team reviews your specific situation.
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