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V3007-19 ·25 October 2019 ·consulta-vinculante Medium impact
Tax

Awarding of an asset with monetary compensation is subject to Stamp Duty if the asset is indivisible or its division diminishes its value

A query was raised regarding whether the awarding of a property to a co-owner, with financial compensation paid to the others, is subject to Transfer Tax (ITP) or Stamp Duty (AJD). The DGT ruled that if the asset is indivisible or its division diminishes its value, the transaction is subject to Stamp Duty.

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment for the division of co-owned assets, specifically determining when a transaction qualifies for Stamp Duty rather than Transfer Tax based on the nature of the asset.

Lifecycle

2019-10-25PublishedPublished 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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