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V0341-16 27 January 2016 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · transmisiones patrimoniales onerosas

Deed determining family home ownership shares is not subject to ITP or AJD

A taxpayer inquired whether a deed declaring the ownership of a property (distinguishing between separate and community property) was subject to Transfer Tax (ITP) and Stamp Duty (AJD). The Directorate-General for Taxes (DGT) ruled that the document does not constitute a transfer of assets, nor is it a documented legal act with economic content.

The question raised

Whether, considering that it is not a contribution to the community property regime, but rather a declaration of what already has the character of community property, said deed would be subject to the modalities of onerous asset transfers and the variable rate of the notary document for Transfer Tax and Documented Legal Acts.

The DGT's ruling

The public deed does not constitute a transfer of assets, as its purpose is to determine the undivided shares for registration purposes. Furthermore, it does not constitute a taxable event for the variable rate modality of Documented Legal Acts, as it does not have as its object a valuable amount or thing. The mere determination of the shares of the family home lacks economic content.

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