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A query was raised regarding the taxation of the allocation of a property to a co-owner in proportion to their share. The DGT determines that the separation of a co-owner does not constitute a transfer, but rather the formalisation of their pre-existing right.
Cuestión planteada Tributación de la operación
La adjudicación de un bien a un comunero en proporción a su participación no constituye una transmisión patrimonial, sino la transformación de su cuota de condominio en propiedad exclusiva. Si no existe exceso de adjudicación, la operación tributará por la modalidad de Actos Jurídicos Documentados. La base imponible será el valor declarado del inmueble adjudicado al comunero que se separa, y no el valor de la totalidad de los bienes.
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