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V1118-19 21 May 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · extinción de condominio

Termination of co-ownership with financial compensation may result in capital gains or losses

A consultant and their sister terminated the co-ownership of an inherited property, awarding it to the former with compensation paid to the latter. The DGT addresses whether this constitutes a change in assets and which values should be applied.

The question raised

Existence of asset alteration and, where applicable, acquisition and transfer values.

The DGT's ruling

The dissolution of a community of property does not constitute an asset alteration if the allocation conforms to the ownership share. However, if assets are allocated at a value exceeding the share, an asset alteration occurs for the other co-owner, generating a gain or loss regardless of whether there is cash compensation. The amount is determined by the difference between the acquisition and transfer values in accordance with tax regulations.

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