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A group of siblings wishes to distribute 11 of the 13 properties in a building they own in co-ownership, while maintaining the community over the remaining two. The DGT determines that, as the community is not entirely dissolved, the operation is not a dissolution of a community of property, but rather a barter.
Cuestión planteada Tributación de la operación.
Al no existir la figura de la disolución parcial en el Impuesto sobre Transmisiones Patrimoniales, la operación se califica como una permuta. Cada comunero tributará por la adquisición de la parte de los inmuebles que se le adjudica. La base imponible será el valor real de los bienes adquiridos y se aplicará el tipo de gravamen correspondiente a bienes inmuebles.
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