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A co-owner seeks clarification on the taxation of the dissolution of a community of property where a property is awarded to one member and the remaining assets to the other two. The DGT states that if the allocation respects participation shares, there is no onerous transfer, but there may be taxation under documented legal acts.
Cuestión planteada Tributación en el Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados de las operaciones planteadas.
La extinción del condominio sobre un bien indivisible, con adjudicación a un solo comunero y compensación al resto, tributa por la modalidad de actos jurídicos documentados (AJD) sobre el valor de la parte adquirida. No obstante, si sobre otros bienes la comunidad persiste con un número distinto de comuneros, se produce una transmisión de cuotas de participación sujeta a la modalidad de transmisiones patrimoniales onerosas (ITP).
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