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V1918-22 8 September 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · segregación de fincas

Exchange of shares following land subdivision is subject to transfer tax on onerous transfers

A group of co-owners intends to subdivide a rural estate, allocating one part to three of them and another part to the remaining two. The DGT has determined that the subdivision is subject to Stamp Duty (AJD), and the allocation of the new plots constitutes an exchange of shares subject to transfer tax on onerous transfers.

The question raised

Taxation of the operation.

The DGT's ruling

The segregation of the plot is taxed under the modality of documented legal acts, with the tax base determined according to the RITPAJD. The adjudication of the plots, as it does not constitute a dissolution of the community but rather a change in the composition of the co-owners, is classified as an exchange of shares. Therefore, it shall be taxed under the modality of onerous transfers of assets for the portion of the estate acquired by each group.

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