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V0876-22 25 April 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · disolución de comunidad de bienes

Dissolution of joint property ownership via equivalent lots subject to Stamp Duty rather than onerous transfers

Three sisters requested guidance on the taxation of dissolving a joint ownership of properties, plots, and bank accounts using two distribution options. The DGT clarifies that if equivalent lots are formed or if indivisible assets are allocated with compensation for any excess, the transaction is subject to Stamp Duty (AJD).

The question raised

Taxation of the operation.

The DGT's ruling

The dissolution of communities of property that do not carry out business activities, when the allocations maintain the proper proportion to the ownership shares, is only taxed as documented legal acts. If equivalent and proportional lots are formed, it is irrelevant whether the assets are indivisible in order to avoid liability for onerous transfers of property. In cases of indivisible assets, the compensation for the excess may be in cash, through the assumption of mortgage debts, or by way of payment in kind of other assets. If, in the division, a co-owner acquires a part of an asset that remains in common, that specific part shall be subject to taxation for onerous transfers of property.

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