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A query was raised regarding whether the segregation of a plot of land and the subsequent dissolution of co-ownership within the same deed should be taxed separately. The Directorate General for Tax Affairs (DGT) ruled that, as these are distinct agreements with independent taxable events, one settlement is required for the segregation and another for the adjudication of the properties.
Cuestión planteada Si procede una única tributación por Actos Jurídicos Documentados o debe tributarse por la segregación y además por la extinción del condominio.
La segregación y la disolución del condominio son convenciones distintas que deben tributar separadamente por la cuota variable de Actos Jurídicos Documentados. La segregación tributa sobre el valor de las fincas segregadas. La extinción del condominio, al no haber transmisión patrimonial si no hay exceso de adjudicación, tributa sobre el valor declarado de cada una de las fincas adjudicadas.
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