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V2630-21 29 October 2021 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · comunidad de bienes

The dissolution of a community of property with economic compensation shall be taxed under documented legal acts

The taxpayer inquires about the taxation of the dissolution of a community of property regarding the bare ownership of a real estate property, where one sibling will receive the property by compensating the others with money. The DGT responds that, as it is an indivisible asset and compensation is made in cash pursuant to the Civil Code, the operation is taxed under the rate for documented legal acts.

The question raised

Question posed: Taxation of the dissolution of the community of property regarding the bare ownership of the real estate property.

The DGT's ruling

The dissolution of a community of property that does not carry out business activities is not a transfer of assets if there is no excess in adjudication. However, if the excess is adjudicated to a co-owner who compensates the others in cash for an indivisible asset (pursuant to art. 1,062 of the Civil Code), this excess is not considered an onerous transfer, but is instead taxed under the rate for documented legal acts. In this case, the community is constituted over the bare ownership following the donation by the usufructuary.

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