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V1923-19 ·22 July 2019 ·consulta-vinculante Medium impact
Tax

No capital gain or loss occurs upon dissolution of a community of property if ownership shares are respected

A query was raised regarding whether the division of five rural estates among co-owners constitutes a capital alteration. The DGT ruled that no alteration occurs provided the allocation of lots aligns with each co-owner's respective ownership share.

In 6 key points

How it affects those involved

This ruling provides legal certainty for co-owners during the dissolution of a community of property, confirming that an equitable distribution based on existing shares does not trigger tax liabilities for capital gains or losses.

Lifecycle

2019-07-22PublishedPublished 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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