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A co-owner has requested clarification regarding the taxation of the horizontal division of an estate and the subsequent dissolution of the joint ownership. The Directorate General for Taxes (DGT) has ruled that both acts constitute distinct taxable events and are subject to Stamp Duty (AJD).
Cuestión planteada Tributación de la operación.
La división horizontal y la disolución de la comunidad de bienes son dos convenciones sujetas al impuesto de forma separada. La división horizontal no modifica la titularidad de la finca, por lo que la adjudicación de la propiedad exclusiva a cada comunero requiere un acto independiente de disolución del condominio. Si la comunidad no realiza actividades empresariales y las adjudicaciones respetan las cuotas de titularidad, la disolución solo tributará por actos jurídicos documentados.
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