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A taxpayer wishes to dissolve a community of property regarding a parking space by awarding themselves the entirety of the asset and compensating the other members with cash. The DGT rules that, as it is an indivisible asset, the operation does not constitute a transfer for consideration but is instead subject solely to Stamp Duty (Actos Jurídicos Documentados).
Cuestión planteada Tributación de la operación.
Si la disolución de la comunidad de bienes se realiza adjudicando un bien indivisible a un solo comunero mediante compensación en metálico, no hay transmisión patrimonial onerosa. En este caso, la operación tributa por la modalidad de actos jurídicos documentados. La base imponible será el valor de la parte del inmueble que pertenecía a los demás comuneros y que es adquirida por el adjudicatario.
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