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V1380-15 ·4 May 2015 ·consulta-vinculante Medium impact
Tax

Separation of a co-owner subject to AJD tax, while redistribution of shares among others incurs capital transfers tax

A community of property with thirteen members seeks to divide land into three lots to separate family branches. The DGT has ruled that the operation does not constitute a dissolution of the community, but rather the separation of one co-owner and a swap between the remaining members.

In 6 key points

How it affects those involved

The ruling clarifies the tax treatment of property division within a community, distinguishing between the separation of a single member and the subsequent redistribution of shares among the remaining co-owners.

Lifecycle

2015-05-04PublishedPublished 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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