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A taxpayer wishes to dissolve a co-ownership of a property by being allocated the asset and compensating their uncles in cash. The Directorate General for Taxes (DGT) rules that, as it involves an indivisible asset with monetary compensation, the transaction is not an onerous transfer but is subject to Stamp Duty (AJD).
Cuestión planteada Tributación de la disolución del condominio sobre la vivienda.
En la disolución de comunidades de bienes sobre inmuebles indivisibles, si se adjudica el bien a un solo comunero compensando a los demás en metálico, no hay transmisión onerosa. La operación tributará por la modalidad de actos jurídicos documentados siempre que se cumplan los requisitos legales. La base imponible será el valor de la parte del inmueble que se adquiere mediante la disolución.
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