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V2433-25 11 December 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · extinción de condominio

Extinction of condominium without excess quota generates no capital gains or losses

Two brothers carried out the extinction of a condominium of inherited assets without economic compensation, and the DGT states that if the allocation conforms to the ownership share, there is no change in wealth.

The question raised

Taxation of the operation under Personal Income Tax.

The DGT's ruling

The dissolution of a community of property and the adjudication of the corresponding share do not constitute an alteration in the composition of the assets. In this case, no capital gain or loss is generated, and the assets retain their original values and acquisition dates. An alteration of assets would only exist if assets were adjudicated at a value higher than the ownership share of a co-owner.

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