Skip to content
Back to index
V0143-22 28 January 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · disolución de comunidad de bienes

Dissolution of joint property ownership with equivalent lots is subject to Documented Legal Acts tax

A query was raised regarding whether the allocation of two properties to two co-owners constitutes a barter or a dissolution of co-ownership, and which value should be applied. The DGT indicates that if equivalence and proportionality are maintained, it is not an onerous transfer but a dissolution subject to Documented Legal Acts tax.

The question raised

Whether, in the existence of two properties, the proposed operation could be considered a barter and should be settled under the modality of transfer tax on onerous transfers

The DGT's ruling

If, in the dissolution of community property assets regarding indivisible assets, the distributions are equivalent and proportional to the shares, the non-liability for transfer tax on onerous transfers applies, and it is taxed via the graduated rate for documented legal acts. The taxable base shall be the declared value, which may not be lower than the cadastral reference value. If the use of these values results in an uncompensated excess in adjudication, this shall be taxed under the Inheritance and Gift Tax.

Book your free first meeting