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Co-owners have enquired whether the horizontal division of an estate and the subsequent dissolution of their hereditary community are taxed separately. The DGT has ruled that these constitute two distinct taxable events subject to documented legal acts tax, even if they are executed within the same deed.
Cuestión planteada Tributación de la operación.
La división horizontal y la disolución del condominio son dos convenciones sujetas al impuesto de forma separada. La división horizontal no modifica la titularidad de la finca, por lo que la adjudicación de la propiedad exclusiva de los inmuebles requiere un acto independiente de disolución de la comunidad. Si la comunidad de bienes no realiza actividades empresariales y las adjudicaciones guardan proporción con las cuotas, solo tributará por actos jurídicos documentados.
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