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A taxpayer inquired whether dividing a property into plots after receiving a tax reduction for agricultural exploitation would lead to penalties. The DGT ruled that segregation does not constitute a legal change in ownership and therefore does not affect the benefit; however, selling one of the plots within five years would require the repayment of the reduction.
Cuestión planteada Son dos las cuestiones planteadas:
La segregación de una finca es una alteración física que no implica una alteración jurídica de la titularidad, por lo que no conlleva la pérdida de la reducción fiscal si se mantiene la propiedad. No obstante, si se transmite, arrienda o cede una de las parcelas segregadas durante los cinco años siguientes, se deberá justificar el pago del impuesto no ingresado y los intereses de demora, salvo fuerza mayor.
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