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The taxpayer inquires about the taxation regarding the dissolution of their community property regime, where a property and a mortgage are allocated to one spouse, with the other spouse being compensated in cash. The DGT rules that the transaction is not subject to transfer tax (ITP) and is exempt from stamp duty (AJD).
This ruling clarifies that the division of assets within a community property regime, involving the offsetting of property values with cash, does not trigger transfer tax or stamp duty, provided the legal requirements for dissolution are met.
The tax team reviews your specific situation.
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