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A sibling wishes to purchase the shares held by their three other siblings in a property to obtain full ownership. The DGT rules that, as this constitutes an acquisition of shares rather than a division of the common property, the selling siblings must declare any capital gain or loss.
Question posed: Taxation under Personal Income Tax (IRPF) regarding the operation.
The dissolution of a community of property does not alter the assets if the allocation corresponds to the ownership share of each party. However, if a co-owner acquires assets at a value exceeding their share through the purchase of the other parties' interests, an alteration of assets occurs for the transferors. This generates for the latter a capital gain or loss based on the difference between the acquisition value and the transfer value of their share.
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