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A query was raised regarding whether modifying participation coefficients in a community of owners or the surface area of a horizontal division triggers ITP and Stamp Duty (AJD). The Directorate General for Taxes (DGT) ruled that no onerous transfer occurs and that Stamp Duty is only applicable if the modification results in an increase in the total surface area.
This ruling provides legal certainty for property owners and community managers, confirming that administrative adjustments to participation shares do not trigger tax liabilities unless they involve an actual increase in the total area of the property division.
The tax team reviews your specific situation.
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