Skip to content
Back to index
V2269-15 17 July 2015 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · comunidad de bienes

The transfer of participation shares in a community of property is subject to onerous transfers of assets

A query is made as to whether the exit of two co-owners from a community of property, through the adjudication of their shares to the remaining owners in exchange for assuming debt, constitutes onerous transfers of assets or documented legal acts. The DGT responds that the operation is an onerous transfer of participation shares and not a dissolution of the community.

The question raised

Question posed: Whether the exit of two co-owners from the community of property and the adjudication of the real estate to the consultant and the other co-owner will be subject to the concept of onerous transfers of assets or to the concept of documented legal acts due to being an indivisible asset.

The DGT's ruling

The operation does not constitute a dissolution of the community of property, as the real estate remains held in common, but rather a reduction in the number of co-owners. It is an onerous transfer of undivided participation shares in the real estate in exchange for the assumption of debts, falling under Article 7.2.B) of the TRLITPAJD. As it is an onerous transfer of assets, it is not taxed under the concept of documented legal acts.

Email
Contact