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V0762-19 ·4 April 2019 ·consulta-vinculante Medium impact
Tax

Dissolution of joint property ownership only subject to tax on documented legal acts if avoidable excess adjudication is avoided

Siblings wish to divide real estate inherited from their parents, where one sister has already acquired a property through monetary compensation. The DGT clarifies that joint property ownership must be dissolved independently and without exchanging assets between them to avoid taxation on onerous transfers.

In 6 key points

How it affects those involved

The ruling provides guidance on how to structure the dissolution of joint property to minimise tax liabilities, specifically by avoiding the characterisation of asset distributions as onerous transfers or exchanges.

Lifecycle

2019-04-04PublishedPublished 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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