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V1412-25 24 July 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Dissolution of a condominium doesn't create patrimonial gains or losses if allocation is proportional

Consultants ask whether the dissolution of a condominium over land, with each party receiving a proportional lot value, has IRPF implications. The DGT responds that there is no patrimonial alteration as long as the allocation corresponds to the ownership share.

The question raised

Taxation of the operation in the Personal Income Tax.

The DGT's ruling

The dissolution of a community of property and the adjudication of the corresponding share do not constitute an alteration in the composition of the assets. The assets received retain their original values and acquisition dates. An alteration of assets only exists if assets are adjudicated at a value higher than the ownership share, which would generate a capital gain or loss.

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