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A married couple under a separation of assets regime dissolves the co-ownership of their habitual residence, awarding it to one spouse with financial compensation. The DGT rules that if the award exceeds the ownership share, it constitutes a change in assets that generates a capital gain or loss.
Cuestión planteada Tributación en el Impuesto sobre la Renta de las Personas Físicas.
La disolución de una comunidad de bienes no altera el patrimonio si la adjudicación se ajusta a la cuota de titularidad. Sin embargo, si se adjudican bienes por un valor mayor al de la cuota, se genera una ganancia o pérdida patrimonial para el otro comunero, con o sin compensación en metálico. El importe se determinará por la diferencia entre los valores de adquisición y de transmisión.
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