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V0574-24 9 April 2024 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · extinción de condominio

Termination of co-ownership with compensation may be subject to AJD or onerous transfers depending on the method of compensation

The applicant asks how the termination of co-ownership regarding a social housing property is taxed when compensating an ex-husband. The DGT rules that taxation depends on whether the compensation is made in cash, through common assets, or by using a separate private asset.

The question raised

Taxation of the operation.

The DGT's ruling

If the compensation is in cash or with other real estate properties that are already part of the community, there will be no onerous transfers of assets, but rather taxation via documented legal acts. If the compensation is made with a private residence of the taxpayer, the operation shall be considered a barter and shall be taxed as onerous transfers of assets. The maximum price regime for housing does not alter the application of these rules, as said price would constitute the market value.

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