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Two sisters, heirs to four properties, wish to extinguish their co-ownership by allocating lots equivalent to their respective shares. The DGT states that no change to the patrimony composition occurs as long as the ownership share is maintained.
Question posed: Taxation of the operation in the Personal Income Tax.
The dissolution of a community of property and the adjudication of the share corresponding to each co-owner does not constitute a change in assets that generates gains or losses. The assets received shall retain their original values and acquisition dates. A change in assets would only occur if assets were adjudicated at a value exceeding the ownership share of a co-owner.
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