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V1739-14 4 July 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Allocation of assets in a co-ownership exceeding the ownership share generates a capital gain or loss

A query was raised regarding whether the dissolution of co-ownership over three properties triggers taxation. The DGT ruled that the division of common property does not alter one's assets if allocated according to the ownership share; however, if a co-owner receives assets with a value exceeding their share, an asset alteration occurs, resulting in a capital gain or loss.

The question raised

Taxation of the operation.

The DGT's ruling

The dissolution of a community of property and the allocation according to the ownership share does not constitute an alteration in the composition of the assets. However, if assets are allocated at a value higher than that corresponding to the community member's share, there is an alteration of assets that generates a capital gain or loss. The amount is determined by the difference between the acquisition and transfer values, and is included in the savings tax base.

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