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Co-owners have sought clarification on the taxes due when performing a land segregation followed by the dissolution of their joint property ownership. The Directorate General for Taxes (DGT) has ruled that, as these constitute two distinct agreements within the same document, both are subject to separate taxation under the Documented Legal Acts modality.
Cuestión planteada Qué impuestos habría que pagar por dicha escritura.
La segregación de una finca y la separación de un comunero constituyen dos convenciones diferentes que deben tributar de forma independiente. La segregación tributará por la cuota variable de Actos Jurídicos Documentados sobre el valor de la finca segregada. La disolución de la comunidad, siempre que no haya actividades empresariales y la adjudicación guarde proporción con la titularidad, tributará igualmente por Actos Jurídicos Documentados sobre el valor de la finca adjudicada.
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