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V3457-15 ·12 November 2015 ·consulta-vinculante Medium impact
Tax

Dissolution of a community of property without excess adjudication does not trigger capital gains or other taxes

Two individuals owning 50% each of two commercial premises wish to extinguish their joint ownership by each being allocated one property. The DGT rules that, if the allocation respects the ownership shares, there is no capital gain for Income Tax purposes, no transfer for Transfer Tax purposes (except Stamp Duty), and no taxable event for Property Transfer Tax.

In 6 key points

How it affects those involved

This ruling provides legal certainty for co-owners seeking to divide assets proportionally, confirming that such transactions are tax-neutral provided ownership shares are strictly respected.

Lifecycle

2015-11-12PublishedPublished 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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