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A query was raised regarding the taxation of the dissolution of a community of property engaged in business activity through the allocation of assets to the co-owners. The DGT ruled that this operation is subject to tax as it is deemed equivalent to the dissolution of a company.
Cuestión planteada Tributación de la operación.
La disolución de una comunidad de bienes que realiza actividades empresariales se equipara a la disolución de sociedades para efectos del ITPAJD. Los comuneros son los contribuyentes obligados por los bienes y derechos que reciban. La base imponible será el valor real de los bienes y derechos entregados, sin deducción de deudas o gastos, con un tipo de gravamen del 1 por 100.
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