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A query was raised regarding whether a deed declaring a primary residence and establishing the community and separate property shares of a property is subject to taxation. The DGT determined that there is no onerous transfer and that the document lacks the economic content required to trigger AJD.
Cuestión planteada Si la referida escritura implica el pago de impuestos o está exenta, adjuntándose copia de la misma.
No existe hecho imponible por transmisiones patrimoniales onerosas ya que la escritura no recoge la adquisición de la vivienda. Asimismo, no está sujeta a la cuota variable de Actos Jurídicos Documentados porque el objeto de la escritura es la constancia del porcentaje ganancial y carece de contenido valuable.
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