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Two siblings, each owning 50% of two properties, wish to dissolve their co-ownership by each being allocated one flat of equal value. The Directorate General for Taxes (DGT) rules that this operation does not constitute a change in the composition of their assets.
Cuestión planteada Tributación de la operación en el Impuesto sobre la Renta de las Personas Físicas.
La disolución de una comunidad de bienes y la adjudicación de la participación correspondiente no constituye una alteración patrimonial que genere ganancias o pérdidas. Los bienes recibidos conservan su valor y fecha de adquisición originarios. Solo existe alteración patrimonial si se adjudican bienes por un valor superior a la cuota de titularidad de un comunero.
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