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V1253-24 31 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

No capital gains tax on dissolution of co-ownership if allocation respects ownership share

A consultant and their former spouse wish to dissolve a co-ownership of three properties by distributing them in a similar manner. The DGT rules that this does not generate capital gains or losses provided that each party receives assets corresponding to their respective ownership share.

The question raised

Question raised: Taxation of the operation under Personal Income Tax.

The DGT's ruling

The dissolution of a community of property and the adjudication of the share to each co-owner does not constitute a capital gain or loss, provided that it corresponds to their ownership share. In this case, the assets retain their original value and acquisition date. A capital gain or loss would only occur if assets were adjudicated at a value higher than the corresponding share.

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