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Three siblings wish to dissolve the co-ownership of an inherited property by awarding it to one of them through financial compensation. The DGT indicates that if the award exceeds the co-owners' ownership share, a capital alteration occurs.
Question posed: Existence of a capital alteration.
The dissolution of a community of property does not constitute a capital alteration if the allocation conforms to the ownership share of each co-owner. However, if assets are allocated at a value exceeding the corresponding share, a capital gain or loss is generated for the other co-owners. This result is calculated based on the difference between the acquisition and transfer values, regardless of whether cash compensation is provided.
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