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V2889-21 17 November 2021 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · comunidad de bienes

Dissolution of joint ownership through equivalent lots subject to Documented Legal Acts tax

Siblings inquired about the number of joint ownership communities formed by owning several properties and how to dissolve them using equivalent lots. The DGT ruled that the dissolution of each community will be subject to Documented Legal Acts tax, provided that the ownership shares are respected.

The question raised

The number of communities of property and the method of their dissolution.

The DGT's ruling

The dissolution of communities of property that do not carry out business activities, provided that the allocations maintain the due proportion to the ownership shares, shall only be taxed on documented legal acts. In the case of several properties held in common, there are as many communities as there are properties. If the dissolution is carried out through the formation of lots equivalent and proportional to the participation shares, there shall be no liability for onerous transfers of assets, even if the compensation for unavoidable excesses is not in cash.

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