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A taxpayer seeks to extinguish co-ownership of a property by acquiring full ownership and assuming the co-owner's mortgage debt. The DGT ruled that the transaction is subject to Documented Legal Acts (AJD) tax rather than Onerous Property Transfers (TPO) tax, provided the requirements of indivisibility and equivalence are met.
Cuestión planteada Primera: Tributación de la disolución del condominio.
Si la disolución de la comunidad sobre un bien indivisible se realiza adjudicando el bien a un solo comunero que compensa el exceso en metálico (o asumiendo la deuda del otro), no hay transmisión onerosa sino AJD. La base imponible de la operación será el valor de la parte que se adquiere ex novo. No hay tributación por liberación de deudor si la hipoteca permanece inalterada y no existe liberación efectiva del codeudor.
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