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A taxpayer inquired whether the dissolution of their community property regime and the resulting excess allocation (receiving more assets than their legal share) are subject to ITP and AJD tax. The DGT ruled that while the dissolution itself is exempt, any onerous excess allocation must be taxed if the distribution could have been structured differently to avoid it.
This ruling clarifies that taxpayers cannot avoid transfer tax by simply labeling an unequal distribution as a dissolution of community property if the imbalance could have been prevented through a different allocation method.
The tax team reviews your specific situation.
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