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The taxpayer inquired about the taxation of the dissolution of two distinct communities of property involving the same co-owners. The DGT ruled that, as these communities originate from different sources, they must be dissolved separately. Consequently, excess adjudication cannot be offset using assets from the other community without it being classified as a barter.
Cuestión planteada Tributación de la operación.
Al existir dos comunidades de bienes de origen distinto (una inter vivos y otra hereditaria), su disolución constituye negocios jurídicos diferentes que deben tratarse por separado. Cada comunidad debe disolverse sin excesos de adjudicación o, si los hay, mediante compensaciones en metálico. Si se compensan excesos utilizando bienes pertenecientes a la otra comunidad, la operación se considerará una permuta y tributará como transmisión patrimonial onerosa.
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