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Three siblings intend to dissolve an inherited joint property regime by allocating two properties to themselves and compensating the third sibling in cash. The Directorate General for Taxes (DGT) rules on the taxation regarding Stamp Duty, Property Transfer Tax, and Personal Income Tax for this transaction.
Cuestión planteada Tributación de la operación.
La disolución tributará por actos jurídicos documentados; si hay exceso de adjudicación no compensado en dinero, tributará por transmisiones patrimoniales o sucesiones. No se devenga el IIVTNU porque la comunidad se originó por actos mortis causa. En IRPF no hay alteración patrimonial si la adjudicación se ajusta a la cuota de titularidad, conservando los valores y fechas de adquisición originales.
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