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V2881-18 6 November 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · extinción de proindiviso

Dissolution of several joint ownerships through exchange of assets is taxed as a barter

A query was raised regarding whether the dissolution of a co-ownership involving excess adjudication compensated in cash should be taxed as onerous transfers or as documented legal acts. The DGT determined that, as the assets originate from different legal acts, multiple joint ownerships exist, and their simultaneous dissolution through the exchange of assets between them constitutes a barter.

The question raised

Treatment of the proposed operation

The DGT's ruling

If ownership arises from different acts (donations or successions), independent communities of property exist. If, in the simultaneous dissolution of these communities, the co-owners exchange real estate from one and the other as if it were a single community, the operation is of the nature of a barter and is taxed under onerous transfers of property. For the dissolution not to constitute a transfer and to be taxed only as documented legal acts, the adjudication must respect the share of participation, there must be no avoidable excesses, and no compensation may be made with assets from other communities.

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