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A taxpayer seeks to dissolve a co-ownership of a property by acquiring full ownership and compensating the other co-owners with cash (both lump sum and in instalments). The DGT rules that, as this is a dissolution involving an excess of adjudication compensated by payment, it does not constitute an onerous transfer but is instead subject to Stamp Duty (AJD).
Cuestión planteada Tributación por extinción del condominio.
La disolución de la comunidad de bienes mediante la adjudicación de un inmueble indivisible a un solo comunero, que compensa el exceso en metálico, no constituye una transmisión patrimonial onerosa según el art. 7.2.B del TRLITPAJD. La operación queda sujeta a la cuota gradual de actos jurídicos documentados (AJD). La base imponible será el valor de la parte que se adquiere ex novo, según el art. 30 del TRLITPAJD.
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