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A query was raised regarding whether the dissolution of a hereditary community involving financial compensation between sisters triggers Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that adjudication according to ownership shares is not taxable; however, if assets are allocated at a value exceeding the ownership share, a capital gain or loss is generated.
Cuestión planteada Tributación de la extinción del condominio en el Impuesto sobre la Renta de las Personas Físicas.
La disolución de una comunidad de bienes no constituye una alteración patrimonial si la adjudicación se corresponde con la cuota de titularidad. No obstante, si se adjudican bienes por un valor superior a la cuota de un comunero, se produce una alteración patrimonial en los demás. Esta alteración genera una ganancia o pérdida patrimonial, independientemente de que exista o no compensación en metálico.
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