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The DGT states that if property allocation does not respect ownership shares, a change in capital arises, resulting in a gain or loss.
Question raised 1. Tax treatment of the operation described in the Personal Income Tax.
The dissolution of a community of property does not constitute a capital alteration if the adjudication corresponds to the ownership share. If assets are adjudicated at a value higher than the share, a capital gain or loss is generated for the other co-owner, regardless of whether there is cash compensation. For the reinvestment exemption, the transferred residence must have been the habitual residence at the time of the transfer or in the two preceding years.
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