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A query is made as to whether the dissolution of a community of property and the allocation of dwellings with economic compensation triggers taxation. The DGT responds that the division of the common property does not constitute an asset alteration if the corresponding share is allocated, but it does generate a gain or loss if assets are allocated at a value higher than each co-owner's share.
Question posed: Taxation under Personal Income Tax.
The dissolution of a community of property does not constitute an alteration in the composition of the assets if the allocation corresponds to the ownership share of each co-owner. However, if assets are allocated at a value greater than that of the ownership share, an asset alteration is generated for the other co-owner, producing a capital gain or loss. This amount shall be determined by the difference between the acquisition and transfer values, regardless of whether cash compensation exists.
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