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V0489-24 4 April 2024 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · exceso de adjudicación

Avoidable excess in the distribution of community property is subject to transfer tax

The taxpayer inquired about the taxation of an excess in the distribution of assets during the dissolution of a community property regime, compensated by a separate private asset. The Directorate General for Taxes (DGT) ruled that, as this excess was avoidable, it must be subject to transfer tax (ITPO).

The question raised

Taxation of the excess in adjudication.

The DGT's ruling

The dissolution of a community property regime via public deed is taxed as documented legal acts, but is exempt under the TRLITPAJD. However, any excess in adjudication that could have been avoided through an alternative distribution shall be taxed as an onerous transfer of assets. The exemption for the adjudication of a primary residence does not apply if the excess is not a necessary consequence of said adjudication, as occurs when additional assets are adjudicated.

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