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A taxpayer and his brother wish to dissolve a co-ownership of five urban properties by allocating full ownership to each party on a proportional basis. The DGT rules that the operation does not constitute a transfer for Property Transfer Tax (IIVTNU) or Income Tax (IRPF) purposes, but warns of potential tax liability for Transfer Tax (ITP) if the transaction is treated as a barter or if there are excesses in the allocation.
This ruling provides legal certainty for taxpayers dissolving co-ownerships, confirming that proportional division avoids capital gains tax and property transfer tax, provided no unequal distribution of assets occurs.
The tax team reviews your specific situation.
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