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V0347-19 18 February 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
OTRO · comunidad de bienes

Dissolution of property communities without business activity may only incur AJD tax if ownership shares are respected

Property owners consulted on the taxation of the dissolution of two property communities of hereditary origin through the allocation of real estate. The DGT ruled that, if ownership shares are respected and there are no avoidable excesses in allocation, only Documented Legal Acts (AJD) tax will apply under ITP, and no capital gains will arise for IRPF purposes.

The question raised

Taxation of the operation in the Transfer Tax and Documented Legal Acts Tax and in the Personal Income Tax

The DGT's ruling

For the dissolution of communities without business activity to be taxed solely on documented legal acts, the allocations must maintain the due proportion to the ownership shares and there must be no avoidable excess in allocation nor compensations with assets from another community. In Personal Income Tax, the allocation corresponding to the ownership share does not generate capital gains or losses, maintaining the original values and acquisition dates. If assets are allocated at a value higher than the share, a change in the assets of the other co-owners will occur.

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