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A query was raised regarding the taxation of three scenarios for dissolving a community of property over the bare ownership of a property. The DGT clarifies that the dissolution of bare ownership with monetary compensation is taxed as documented legal acts, whereas the acquisition of shares from other co-owners is taxed as an onerous transfer.
Cuestión planteada Tributación de la disolución de la comunidad de bienes sobre el inmueble en las operaciones siguientes:
La disolución de la comunidad de bienes sobre la nuda propiedad, cuando se adjudica a un solo comunero y se compensa en dinero, tributa por actos jurídicos documentados. Si la operación implica la consolidación del dominio, tributará por el mayor valor entre el pendiente de sucesiones o el de transmisiones patrimoniales. Por último, si solo se adquieren las cuotas de algunos comuneros sin extinguir la comunidad, tributa como transmisión patrimonial onerosa.
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