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V2855-20 22 September 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · permuta

Grouping estates through exchange generates capital gains or losses, whereas dissolution does not

A rural landowner has enquired about the taxation of an operation involving the grouping of plots with other owners and its subsequent dissolution. The DGT indicates that the initial grouping constitutes an exchange that generates gains or losses, whereas the dissolution of the community of property is not taxable if proportional shares are allocated.

The question raised

Taxation under Personal Income Tax (IRPF) regarding the consulted operation.

The DGT's ruling

The grouping of estates through the exchange of ownership shares constitutes a barter transaction that generates capital gains or losses within the savings base. For calculation purposes, the acquisition value of the transferred interest must be compared with the higher of the market value of the asset delivered and the market value of the asset received. On the other hand, the dissolution of the resulting community of property does not entail a change in assets nor does it generate tax liability if the adjudication conforms to the share of each co-owner. In this latter case, the assets retain their original value and acquisition date.

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