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V1987-18 3 July 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · comunidad de bienes

Allocation of assets in a co-ownership exceeding the ownership share results in a capital gain or loss

A query was raised regarding whether the dissolution of a co-ownership (comunidad de bienes), in which a co-owner receives assets exceeding their share by compensating the others, constitutes a change in assets. The DGT ruled that while the division of common property typically does not generate gains, if the allocation exceeds the ownership share, it does constitute a change in assets that results in a capital gain or loss.

The question raised

Existence of a capital alteration.

The DGT's ruling

The dissolution of a community of property does not constitute a capital alteration provided that the allocation corresponds to the ownership share. However, if assets are allocated at a value higher than the corresponding share, a capital alteration occurs for the other co-owners, generating a capital gain or loss regardless of whether cash compensation exists. The amount shall be determined by the difference between the acquisition and transfer values.

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