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A taxpayer queried the taxation of an operation involving the segregation of a common plot, its allocation to two co-owners, and the subsequent addition of one part to another property they already held in common. The DGT ruled that this does not constitute a dissolution of a community of property, but rather an exchange of shares alongside acts of segregation and aggregation.
Cuestión planteada Tributación de la operación.
La segregación y la agregación de fincas tributan por la modalidad de actos jurídicos documentados. La adjudicación de las parcelas, al no producir una disolución de la comunidad sino una permuta de cuotas entre los comuneros, tributa por la modalidad de transmisiones patrimoniales onerosas. En este caso, dos comuneros transmiten sus cuotas a los otros dos a cambio de sus propias cuotas sobre la otra parcela.
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