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A query is made as to whether the other co-owners of a property are liable for the debt of one of them and what percentage may be subject to attachment. The DGT responds that co-ownership is not a ground for liability and that the attachment may only affect the share of the person obligated to pay.
Question raised: Existence of liability of the other co-owners and the percentage that may be alienated in the event that the disposal of the asset proceeds.
Mere co-ownership of assets does not constitute a case of tax liability, whether joint or subsidiary, pursuant to Articles 42 and 43 of the General Tax Law. In the case of assets held pro indiviso, the attachment shall be limited exclusively to the participation share of the person obligated to pay and shall be notified to the co-owners.
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