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V1307-22 9 June 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · disolución de comunidad de bienes

Dissolution of joint property ownership with excess adjudication may be subject to AJD tax if equivalence requirements are met

A taxpayer inquired about the taxation of the dissolution of a co-ownership involving three properties, where different lots were allocated to each sibling. The DGT indicates that, following Supreme Court doctrine, if the requirements of indivisibility, equivalence, and proportionality are met, the transaction will not be taxed under onerous property transfers, but rather under documented legal acts.

The question raised

Taxation of the proposed operation under the Transfer Tax and Stamp Duty Act.

The DGT's ruling

In the dissolution of communities of indivisible assets, if the benefits are equivalent and proportional to the participation shares, the non-liability for transfer tax (art. 7.2.B TRLITPAJD) applies, and it is taxed according to the stamp duty rate. This is applicable even if the compensation is not in cash, but through the assumption of debts or the dation in payment of other assets that were already part of the co-ownership. It also allows for the formation of equivalent and proportional lots, regardless of whether the assets are indivisible or not.

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