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V2212-24 15 October 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
ITPAJD · exceso de adjudicación

Dissolution of joint property ownership may incur Stamp Duty if allocation is proportional or involves compensated excesses

The taxpayer queried the Stamp Duty (ITPAJD) and Income Tax (IRPF) implications following the dissolution of their community of property and a separate private joint ownership. The Tax Agency clarified that while the dissolution of the community of property (sociedad de gananciales) is exempt, any excesses in the allocation of assets are not, and the private joint ownership will be subject to Stamp Duty.

The question raised

Taxation of the transaction under the Transfer Tax and Documented Legal Acts Tax and under the Personal Income Tax.

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