Skip to content
Back to index
V3104-15 14 October 2015 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · transmisiones patrimoniales onerosas

The purchase of shares in a property among heirs is taxed under onerous transfers of property

The applicants sought to determine whether the adjudication of a dwelling to two of the five siblings, while maintaining the remaining assets in joint ownership, constituted a dissolution of the hereditary community. The DGT responds that it is an onerous transfer of participation shares and that the right to the primary residence reduction is not lost.

The question raised

First question posed: Whether the dissolution of the hereditary community under the terms set forth should be taxed solely under the documented legal acts modality, involving notarial documents, of the Transfer Tax and Documented Legal Acts Tax.

The DGT's ruling

The operation is not a dissolution of a hereditary community because the heirs maintain ownership of other properties in common. It constitutes an onerous transfer of participation shares in the property, subject to the Transfer Tax. As it is an onerous transfer, it is not taxed under the documented legal acts modality. Furthermore, the heirs retain the right to the primary residence reduction of the deceased.

Email
Contact