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The applicant inquired about the tax treatment of dissolving a joint property community where assets are allocated according to ownership shares. The DGT ruled that if there is no excess adjudication, no onerous transfer occurs, and the transaction is subject to Stamp Duty (Actos Jurídicos Documentados).
This ruling clarifies that the dissolution of joint property does not trigger Transfer Tax (ITP) provided that the allocation of assets strictly follows the existing ownership proportions, instead falling under the scope of Stamp Duty.
The tax team reviews your specific situation.
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