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Three siblings who co-own a property decide to sell it via public auction after failing to reach an agreement to dissolve the co-ownership. The DGT rules that each individual must calculate their own capital gain or loss based on their respective share of ownership.
Cuestión planteada Tributación de la operación en el Impuesto sobre la Renta de las Personas Físicas.
La transmisión del inmueble en subasta pública y la atribución del resultado a cada comunero según su porcentaje de participación genera una ganancia o pérdida patrimonial. El importe se calcula por la diferencia entre el valor de adquisición y el de transmisión. El resultado se integrará en la renta del ahorro.
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