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An heir inquired whether an excess in allocation, compensated with cash in an inheritance involving two properties, is subject to tax. The DGT ruled that if the imbalance could have been avoided through alternative allocations, the excess will be taxed as an onerous transfer of assets.
Cuestión planteada Tributación del exceso de adjudicación.
El exceso de adjudicación no tributa por ITP si es inevitable debido a la indivisibilidad del conjunto de bienes y se compensa con dinero. Sin embargo, la excepción de indivisibilidad se aplica al conjunto de bienes y no a cada uno individualmente. Si el exceso puede evitarse mediante otras adjudicaciones para formar lotes proporcionales, dicho exceso estará sujeto a la modalidad de transmisiones patrimoniales onerosas.
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