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V2753-19 8 October 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · comunidad de bienes

Dissolution of a joint ownership community does not generate capital gains if the allocation respects ownership shares

A query was raised regarding whether the dissolution of a joint ownership of real estate constitutes a change in assets. The DGT ruled that there is no gain or loss if each co-owner receives exactly what corresponds to them according to their share.

The question raised

Existence of a change in assets in the event of a dissolution of undivided interests.

The DGT's ruling

The dissolution of a community of property and the adjudication of the corresponding share do not constitute a change in assets. The assets retain their original value and acquisition date. A change in assets only occurs if assets are adjudicated at a value higher than the ownership share, which would generate a gain or loss for the other co-owners.

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