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A query was raised regarding whether the financial compensation received by a co-owner upon the dissolution of a co-ownership (due to receiving less land than the other party) is subject to VAT. The DGT has determined that this transfer of rights between co-owners constitutes a transaction subject to the tax.
Question raised: Subjectivity to tax of the compensation for the excess allocation to one of the buyers upon the resolution of the co-ownership
The resolution of the co-ownership implying that a co-owner receives a cash supplement for a smaller allocation of a share constitutes the transfer of a right for the benefit of the other co-owner. This operation must be subject to Value Added Tax. The consultant must charge the tax to the recipient of the operation through the issuance of the corresponding invoice.
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