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Two sisters wish to dissolve the co-ownership of the bare ownership of several properties to each retain 100% of each property. The Tax Agency responds that the operation shall be taxed under documented legal acts if the excesses in adjudication are unavoidable.
Question posed: Taxation of the operation.
The dissolution of the bare ownership community shall be taxed solely under documented legal acts if the adjudication of entire properties to each sister entails unavoidable excesses in adjudication. The tax base shall be the value of the bare ownership that each co-owner acquires ex novo, which shall not be less than the cadastral reference value. The existence of a usufruct does not prevent the existence of a community of property over the bare ownership.
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