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V3035-23 21 November 2023 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · extinción de condominio

The dissolution of co-ownership through equivalent lots is taxed under documented legal acts

Siblings inquire about the taxation of the dissolution of a co-ownership of rural estates through the formation of lots of equal value. The DGT responds that, if equivalence and proportionality are respected, the operation is not an onerous transfer but is taxed under the documented legal acts levy.

The question raised

Question posed: Taxation of the dissolution of co-ownership under the Transfer Tax and Documented Legal Acts Tax.

The DGT's ruling

In the dissolution of communities of property regarding indivisible assets, if the considerations are equivalent and proportional to the participation shares, there is no onerous transfer and the non-subjectivity of art. 7.2.B of the TRLITPAJD applies. This allows for taxation under the documented legal acts levy, even through the formation of equivalent lots or compensations that are not strictly in cash, such as the assumption of debts. The simultaneous dissolution of several communities through proportional lots is also taxed under this modality.

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