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V1925-21 21 June 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · disolución de comunidad de bienes

The taxation of the dissolution of a community of property with excess adjudication depends on its composition

A query is made regarding the taxation of the dissolution of a co-ownership where one sister is adjudicated 100% of a dwelling by providing financial compensation to the other. The DGT explains that the tax impact depends on whether the dwelling is the sole asset of the community or if other assets exist that allow for the avoidance of the excess.

The question raised

Question posed: Taxation under the Tax on the Increase in Value of Urban Land, the Tax on Property Transfers and Documented Legal Acts, and the Personal Income Tax.

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