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A query was raised regarding the taxation of the segregation, allocation to a co-owner, and subsequent sale of a rural property. The DGT ruled that segregation and allocation do not constitute transfers, but do constitute taxable events for Stamp Duty (AJD), whereas the sale is subject to transfer tax.
Cuestión planteada Tributación a efectos del Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana, Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados e Impuesto sobre la Renta de las Personas Físicas de la operación de segregación, adjudicación al comunero que se separa y posterior venta por éste a un tercero. Tributación de la posterior segregación y venta al tercero por el resto de los comuneros.
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