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V1807-23 21 June 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The dissolution of a co-ownership with economic compensation generates a capital gain for the beneficiary co-owner

A taxpayer and his sister dissolved a co-ownership of assets, with the taxpayer receiving bank balances and the sister receiving the dwelling and the garage, followed by economic compensation. The DGT determines that the difference in value generates a capital gain for the co-owner who receives more value than their respective share.

The question raised

Question raised: Request to know whether said compensation is subject to Personal Income Tax and to which tax period it must be attributed.

The DGT's ruling

The dissolution of a community of property does not alter the composition of the assets if the allocation corresponds to the ownership share. However, if a co-owner is allocated assets at a value higher than their share, a capital gain or loss is generated for the other co-owner. This gain must be attributed to the tax period in which the dissolution of the co-ownership occurs, regardless of when the compensation payment is made.

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