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A taxpayer wishes to dissolve a co-ownership of a property by transferring their 50% share to their brother, who will compensate for the excess by transferring a property of his exclusive ownership. The DGT has ruled that the transfer of the private property constitutes a swap subject to Transfer Tax (ITP) and Stamp Duty (AJD).
This ruling clarifies that when a co-ownership dissolution involves the exchange of assets rather than a simple distribution of shares, it is treated as a swap, triggering tax liabilities for both Transfer Tax and Stamp Duty.
The tax team reviews your specific situation.
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