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A taxpayer inquired about the taxation of the dissolution of two co-ownerships (one originating from a donation and the other from an inheritance) to allocate a flat to each sibling. The DGT ruled that, because they have different origins, they do not constitute a single joint ownership and must be treated separately to prevent the operation from being classified as a barter.
Cuestión planteada Tributación de la extinción de condominio.
Al existir dos comunidades de bienes con orígenes distintos (inter vivos y mortis causa), la disolución debe realizarse de forma independiente. Si se disuelven por separado y se compensan los excesos de adjudicación en dinero, solo tributará por actos jurídicos documentados. Si los comuneros intercambian sus cuotas indivisas en lugar de disolver cada comunidad, la operación será una permuta sujeta a transmisiones patrimoniales onerosas.
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