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V1293-26 26 May 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · extinción de condominio

Extinction of condominium with economic compensation may result in capital gains or losses

A consultant and her sister wish to extinguish a condominium of two properties by exchanging half-ownership and compensating the difference in cash. The DGT states that a patrimonial alteration occurs when property is assigned for a value exceeding the owner's share.

The question raised

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

The DGT's ruling

The dissolution of a community of property does not constitute a capital gain or loss if the allocation corresponds to the ownership share. If assets are allocated at a value higher than the share, a capital gain or loss is generated, regardless of whether there is cash compensation or whether the dissolution is total or partial. In this case, the acquisition and transfer values shall be determined in accordance with Articles 34, 35, and 36 of the Personal Income Tax Law.

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What is published here, applied to a company or a specific case. The first meeting is free.

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