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A taxpayer wishes to dissolve a co-ownership of a property by transferring their 50% share to their brother, who will compensate for the excess by transferring a property of his exclusive ownership. The DGT has ruled that the transfer of the private property constitutes a swap subject to Transfer Tax (ITP) and Stamp Duty (AJD).
Cuestión planteada Tributación del pago en especie en la extinción de condominio.
La disolución de comunidades sobre bienes indivisibles con compensaciones equivalentes no es transmisión onerosa, sino que tributa por AJD. Sin embargo, si se compensa el exceso con un bien privativo de un comunero, la operación es una permuta. En este caso, el adquirente del bien privativo debe tributar por ITP y AJD por el valor de lo que adquiere.
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