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Three siblings wish to establish a joint ownership structure to manage inherited properties, some held in sole ownership and others in co-ownership. The Directorate General of Taxes (DGT) rules that the joint ownership can only include assets that are already held jointly.
Cuestión planteada Si la comunidad de bienes se podría crear con todos los bienes o exclusivamente con los que se tienen en proindiviso.
Según el artículo 392 del Código Civil, la comunidad se integra por los bienes que pertenecen pro indiviso a varias personas. Por tanto, no es posible incluir en la comunidad de bienes los inmuebles que pertenecen de forma exclusiva a cada uno de los hermanos. Las comunidades de bienes son entidades en régimen de atribución de rentas y no son contribuyentes del IRPF.
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