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V2433-20 ·16 July 2020 ·consulta-vinculante Medium impact
Tax

Extinguishing co-ownership by allocating an asset to a single owner generates a capital gain or loss

A taxpayer sells their share of a property, previously shared with an ex-wife, to her. The DGT rules that this transaction constitutes a capital alteration resulting in a gain or loss, and further analyses the nature of mortgage payments shared with a current spouse.

In 6 key points

How it affects those involved

This ruling clarifies the tax implications of dissolving co-ownership through asset allocation, confirming it is a taxable event for capital gains purposes.

Lifecycle

2020-07-16PublishedPublished 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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