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V1896-18 27 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Dissolution of a joint ownership does not generate capital gains if the allocation respects the ownership share

A query was made regarding whether the division of joint ownership of several properties between two sisters triggers Income Tax (IRPF). The DGT ruled that no change in assets occurs if the allocated properties correspond to the value of each person's share.

The question raised

Question posed: Taxation of the aforementioned operation under Personal Income Tax.

The DGT's ruling

The dissolution of a community of property and the adjudication of the share to each co-owner does not constitute a capital gain or loss, provided that the adjudication corresponds to their respective ownership share. In this case, the assets retain their original value and acquisition date. If assets are adjudicated at a value higher than the ownership share, a capital gain or loss will be generated for the other co-owners.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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