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A query was raised regarding whether the dissolution of a co-ownership, where one owner receives the entire property, triggers Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that if the asset awarded exceeds the owner's share, it constitutes a change in assets resulting in a capital gain or loss.
Cuestión planteada Tributación en el IRPF de la citada disolución.
La disolución de una comunidad de bienes no altera la composición del patrimonio si la adjudicación se corresponde con la cuota de titularidad. No obstante, si se adjudican bienes por un valor mayor al de la cuota, se genera una alteración patrimonial en los demás comuneros, produciendo una ganancia o pérdida patrimonial. El importe se determinará por la diferencia entre los valores de adquisición y de transmisión, independientemente de si hay compensación en metálico.
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