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An inquirer asks about the taxation of a land ownership transfer where the land is registered solely in his wife's name. The DGT indicates that taxation will depend on whether the transfer is for consideration or is a gratuitous transfer.
Cuestión planteada Tributación de la operación del cambio de titularidad del terreno.
Si en la transmisión del 50% de la propiedad media una contraprestación, estará sujeta al Impuesto sobre Transmisiones Patrimoniales. Si la operación tiene carácter lucrativo y se considera una donación, estará sujeta al Impuesto sobre Sucesiones y Donaciones. El origen de los fondos no convierte al consultante en copropietario frente a terceros.
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