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A co-owner has requested a ruling regarding the taxation of the segregation of a rural property and the subsequent dissolution of the community of property. The DGT has ruled that both acts constitute distinct conventions and generate independent taxable events subject to Stamp Duty (Documented Legal Acts).
Question posed: Taxation of the operation.
The segregation of the estate and the dissolution of the co-ownership through the adjudication of real estate are two conventions subject to tax separately. Segregation divides the estate without changing ownership, whereas dissolution constitutes a new taxable event to assign exclusive property. If the community does not carry out business activities and the adjudications respect the ownership shares, the dissolution will only be taxed on documented legal acts.
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