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V3037-23 21 November 2023 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · comunidad de bienes

The adjudication of full ownership of real estate shall be subject to Stamp Duty upon the dissolution of bare ownership and usufruct

An individual wishes to be adjudicated full ownership of real estate by providing financial compensation to the other co-owners. The DGT determines that two distinct communities of property exist (bare ownership and usufruct) and that the operation entails specific tax obligations for each.

The question raised

Question posed: Taxation of the operation.

The DGT's ruling

Two independent communities of property exist: one regarding bare ownership and another regarding usufruct. The dissolution of the bare ownership community shall be subject to Stamp Duty (AJD), with the applicant being the taxable person for the acquired portion. The dissolution of the usufruct shall be subject to the higher of the liquidations between the one pending from the dismemberment of ownership and that of the legal transaction extinguishing the usufruct. In both cases, the tax base shall be that established in Article 10 of the TRLITPAJD.

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