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V2688-18 3 October 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · comunidad de bienes

Allocation of assets from different co-ownerships constitutes a barter subject to Property Transfer Tax

Two siblings holding various properties in joint ownership sought clarification on how the allocation of asset lots would be taxed. The Directorate General for Taxes (DGT) ruled that, as the assets were acquired at different times, they form independent co-ownerships, and their allocation through the exchange of lots constitutes a barter.

The DGT's ruling

The existence of several assets acquired on different dates determines the existence of independent communities of property. Therefore, the adjudication of assets in two distinct lots constitutes a barter that must be taxed under the modality of onerous transfers of property. The permanence of a property in co-ownership does not affect the outcome if they are independent communities, as the dissolution must be total to avoid being classified as a partial dissolution.

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