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V1337-23 ·18 May 2023 ·consulta-vinculante Medium impact
Tax

Dissolution of co-ownership with excess allocation compensated in cash is subject to Stamp Duty

A taxpayer wishes to dissolve a co-ownership of a property by being allocated the asset and compensating their uncles in cash. The Directorate General for Taxes (DGT) rules that, as it involves an indivisible asset with monetary compensation, the transaction is not an onerous transfer but is subject to Stamp Duty (AJD).

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment of property division where one party receives the asset and pays the others, distinguishing between transfer tax and stamp duty.

Lifecycle

2023-05-18PublishedPublished 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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