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V1358-22 14 June 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · extinción de condominio

Dissolution of co-ownership with excess adjudication compensated by mortgage debt liability is subject to Stamp Duty

A taxpayer inquired about the value to be declared in a deed for the dissolution of co-ownership following a court agreement, where they compensated their former partner with €30,000 and the assumption of the mortgage debt. The DGT stated it cannot determine the contractual value as it is a private matter, but clarified the taxation applicable to the transaction.

The question raised

What would be the value of the contractual operation that must be reflected in the notary deed formalizing the extinction of the co-ownership of the aforementioned dwelling and its appurtenances, which complements the judicial order of approval of the agreement reached between the parties, taking into account the amount of the judicial transaction.

The DGT's ruling

The dissolution of a community of property with excess adjudication arising to comply with Article 1,062 of the Civil Code does not constitute an onerous transfer of assets. If the compensation is carried out through the assumption of the mortgage debt, this is considered compensation in cash. In this case, the transaction must be taxed under the variable rate of Stamp Duty according to Article 31.2 of the TRLITPAJD.

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