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Three siblings who are co-owners of various estates have consulted on the taxation of the division of their joint ownership. The DGT has ruled that the allocation of assets according to each co-owner's share does not constitute a change in wealth.
Cuestión planteada Tributación de la operación en el Impuesto sobre la Renta de las Personas Físicas.
La disolución de una comunidad de bienes y la adjudicación de bienes según la cuota de titularidad no constituye una alteración en la composición del patrimonio. En este caso, no hay ganancias ni pérdidas patrimoniales y los bienes mantienen su valor y fecha de adquisición originales. Solo existe alteración patrimonial si se adjudican bienes por un valor superior a la cuota de titularidad del comunero.
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