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A query was made regarding the taxation of the segregation of an estate and the subsequent allocation of the resulting properties to specific co-owners with financial compensation. The DGT determines that there are two distinct taxable events that must be taxed independently.
Cuestión planteada Tributación de la operación.
La segregación de una finca constituye un hecho imponible cuya base imponible es el valor de la finca segregada. Por otro lado, la disolución de la comunidad de bienes mediante la adjudicación de las fincas a comuneros y la compensación en dinero constituye otro hecho imponible sujeto a actos jurídicos documentados, con base imponible sobre el valor de los inmuebles. Ambos actos tributan por la cuota gradual del documento notarial.
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