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V2301-18 ·7 August 2018 ·consulta-vinculante Medium impact
Tax

No capital gains on dissolution of community property regime if allocation matches ownership share

A query was raised regarding whether the dissolution of a community property regime, involving an equal distribution of assets and debts, triggers a capital gain. The Directorate General of Taxes (DGT) ruled that no change in the composition of assets occurs if the allocation corresponds to the respective ownership share.

In 6 key points

How it affects those involved

This ruling provides legal certainty for spouses or partners dissolving a community property regime, confirming that an equitable distribution of assets and liabilities does not constitute a taxable event.

Lifecycle

2018-08-07PublishedPublished 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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