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A taxpayer inquired whether she and her partner could acquire a property with a 50% share each, despite her having contributed more funds. The Directorate-General for Tax Affairs (DGT) ruled that if a private sale and purchase agreement already exists, the portion she transfers to her partner is subject to Transfer Tax (ITP) and Stamp Duty (AJD). However, if only a deposit agreement (contrato de arras) is in place, they may acquire it in equal shares without additional taxation.
This ruling clarifies the tax implications of adjusting ownership shares in property acquisitions, highlighting the distinction between deposit agreements and formal sale contracts.
The tax team reviews your specific situation.
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