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V0198-20 ·28 January 2020 ·consulta-vinculante Medium impact
Tax

Dissolution of joint property subject to AJT if excess adjudication is compensated in cash

Three siblings seek to dissolve a co-ownership of three properties acquired through different means (inheritance and donation). The DGT is analysing whether allocating one property to each sibling constitutes an onerous transfer or if it should be taxed under Documented Legal Acts (AJD).

In 6 key points

How it affects those involved

This ruling clarifies the tax implications for the dissolution of joint property, specifically determining when the compensation for excess value triggers Documented Legal Acts tax instead of Transfer Tax.

Lifecycle

2020-01-28PublishedPublished 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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