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V3225-16 ·11 July 2016 ·consulta-vinculante Medium impact
Tax

Dissolution of hereditary communities without excess adjudication only subject to tax on documented legal acts

A query was made regarding taxation under ITPAJD and IIVTNU upon the dissolution of a co-ownership of inherited real estate. The DGT ruled that if the adjudication respects the ownership shares, it is only subject to tax on documented legal acts; however, if there are excesses or exchanges, it will also be subject to tax on onerous transfers of assets.

In 6 key points

How it affects those involved

This ruling clarifies the tax implications for heirs dividing inherited property, distinguishing between simple partition and taxable transfers caused by imbalances in the distribution.

Lifecycle

2016-07-11PublishedPublished 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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