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Three siblings owning several properties in common wish to dissolve their joint ownership by forming three lots of equal value to allocate one to each person. The DGT rules that, as the lots are equivalent and proportional, the operation does not constitute an onerous transfer, but rather a dissolution subject to Documented Legal Acts tax.
Question raised: Taxation of the operation.
The dissolution of communities of property through the formation of lots equivalent and proportional to the participation shares does not constitute an onerous transfer of assets. In this case, the operation shall be taxed solely under the modality of documented legal acts. If several condominiums exist, they must be treated as independent legal transactions for their dissolution.
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