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The inquirer asks whether the liquidation of their community property regime, where the ex-spouse receives assets exceeding their entitled share, has tax implications. The DGT rules that if the allocation is not equivalent to each spouse's share, a change in asset ownership occurs.
This ruling clarifies that any deviation from the proportional distribution of assets during the dissolution of community property may trigger capital gains or losses for tax purposes.
The tax team reviews your specific situation.
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