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V2598-23 ·27 September 2023 ·consulta-vinculante Medium impact
Tax

Allocation of assets in joint ownership generates capital gains if it exceeds the ownership share

Five siblings co-owning five properties wish to dissolve their joint ownership by allocating one property to each, with financial compensation to account for differences in value. The DGT rules that the division of common property does not alter the estate if the ownership share is respected, but it does generate capital gains or losses if assets are allocated at a value higher than the corresponding share.

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2023-09-27PublishedPublished 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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