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A query was raised regarding whether the segregation of estates and the subsequent dissolution of a community of property (without business activity) constitute a single taxable event. The DGT ruled that these are two independent acts that must be taxed separately.
Cuestión planteada Tributación de la operación.
La segregación de fincas y la disolución del condominio son dos convenciones distintas sujetas al impuesto. La segregación divide la finca en inmuebles independientes, mientras que la disolución adjudica la propiedad exclusiva a cada comunero según su cuota. Si la comunidad no realiza actividades empresariales y las adjudicaciones respetan las cuotas, la disolución solo tributará por actos jurídicos documentados.
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