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V2645-21 ·2 November 2021 ·consulta-vinculante Medium impact
Tax

Dissolution of community property regime does not trigger capital gains if the corresponding ownership share is allocated

A query was raised regarding the acquisition date and value of real estate following the dissolution of a community property regime due to death. The DGT ruled that the allocation of the ownership share does not constitute a change in assets and does not allow for the updating of values.

In 6 key points

How it affects those involved

This ruling clarifies that the distribution of assets within a community property regime upon death is a formal allocation of existing rights rather than a taxable event, preventing taxpayers from resetting the acquisition cost for tax purposes.

Lifecycle

2021-11-02PublishedPublished 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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