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Siblings have requested clarification regarding the taxation of the dissolution and distribution of several jointly owned properties following successive deaths. The Directorate General for Taxes (DGT) explains that if the distribution respects existing ownership shares and no exchanges occur between co-owners, it will only be subject to Stamp Duty.
Cuestión planteada Tributación de la operación.
Cada comunidad de bienes debe disolverse por separado sin compensar bienes de otras comunidades para evitar que se considere permuta. Si las adjudicaciones respetan las cuotas de titularidad y no hay excesos de adjudicación evitables, solo tributarán por actos jurídicos documentados. Si existen excesos de adjudicación no inevitables o se intercambian bienes entre comunidades, se aplicará la modalidad de transmisiones patrimoniales onerosas.
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