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A query was raised regarding the taxation of the transfer of a house and a garage to a member following the dissolution of a cooperative. The DGT ruled that the allocation of assets due to dissolution is subject to ITPAJD as a corporate transaction.
Cuestión planteada Tributación de la entrega del inmueble.
La disolución y liquidación de una sociedad con adjudicación de inmuebles a los socios es una operación societaria sujeta al ITPAJD. Los socios son los sujetos pasivos por los bienes recibidos, con una base imponible del valor real y un tipo del 1 por 100. Si existe un exceso de adjudicación respecto a la cuota de participación, dicho exceso tributará adicionalmente por la modalidad de transmisiones patrimoniales onerosas.
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