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V0297-22 17 February 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · actos jurídicos documentados

Dissolution of joint ownership with excess adjudication subject to AJD tax if equitable distribution is not possible

A married couple seeks to dissolve a joint property regime after converting commercial premises into four dwellings, with each spouse being allocated two units subject to financial compensation. The DGT notes that the operation involves several independent agreements and analyses the taxation of the excess adjudication.

The question raised

Taxation of the operation.

The DGT's ruling

The declaration of new construction, horizontal division, and change of use are taxed independently as documented legal acts. Upon dissolution, the excess adjudication shall not be taxed under onerous property transfers if it is not possible to create lots that result in a smaller excess. If a distribution existed that would allow for a more reduced excess adjudication, the difference shall be taxed under onerous property transfers. In any case, the operation shall be taxed under the modality of documented legal acts.

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