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V3326-14 12 December 2014 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · comunidad de bienes

Dissolution of a community of property engaged in business activity is subject to ITPAJD

A query was raised regarding whether the dissolution of a community of property engaged in business activity, and the subsequent allocation of assets to the members according to their share, is subject to tax. The DGT ruled that the transaction is subject to the corporate operations modality.

The question raised

Question raised: Taxation of the transaction.

The DGT's ruling

The dissolution of a community of property engaged in business activities is equated to the dissolution of companies. The co-owners are the taxpayers for the assets and rights received. The tax base is the real value of the assets and rights delivered, without deduction of expenses and debts, at a tax rate of 1 per 100.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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