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V1731-21 3 June 2021 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · extinción de condominio

The adjudication of an indivisible property to a co-owner through cash compensation is subject to Stamp Duty (AJD)

A co-owner wishes to acquire the entirety of a dwelling by paying money to the remaining owners. The DGT analyzes whether this constitutes an onerous transfer or an extinction of co-ownership with tax benefits.

The question raised

Question posed: Whether the referred operation would be subject to property transfer tax at a rate of 8.0 percent, or whether it could be classified as an extinction of co-ownership subject to Stamp Duty at a rate of 1.5 percent.

The DGT's ruling

If the adjudication of an indivisible asset is carried out to a single co-owner through cash compensation, it is not considered an onerous transfer of assets. In this case, the operation is subject to Stamp Duty (AJD) provided that the requirements of indivisibility, adjudication to a single person, and economic compensation are met. For this exception to apply, the dissolution of the co-ownership must be total and not a partial separation.

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