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A taxpayer has queried the tax treatment of dissolving a community of property where each former spouse is allocated a property of different value, with one party receiving cash compensation. The Tax Agency has determined that the transaction does not constitute an onerous transfer nor does it trigger municipal capital gains tax (IIVTNU) provided certain requirements are met, but it may result in a capital gain or loss for Income Tax (IRPF) purposes.
Cuestión planteada Tratamiento fiscal de la operación descrita en el Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados, Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana e Impuesto sobre la Renta de las Personas Físicas.
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