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An individual seeks to be allocated a property from a community of assets owned by three sisters, leaving the other property held in joint ownership by the remaining two. The DGT has ruled that this does not constitute an extinction of co-ownership, but rather a separation of a co-owner, which is subject to Documented Legal Acts (AJD) tax.
Cuestión planteada Tributación de la operación.
La operación no es una extinción de condominio porque persiste el proindiviso en el segundo inmueble. Al no haber transmisión ni exceso de adjudicación, la escritura de separación de comunero tributa por la modalidad de Actos Jurídicos Documentados. El sujeto pasivo es el comunero que se separa y la base imponible es el valor declarado del inmueble que se le adjudica.
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