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Former spouses with jointly owned assets have consulted on the taxation of the dissolution of their community of property. The DGT indicates that the operation entails the payment of Stamp Duty (AJD) and onerous transfers due to the excess adjudication, in addition to potentially generating capital gains or losses for Income Tax purposes.
Cuestión planteada Tributación de la operación y consecuencias fiscales para los consultantes.
La disolución de la comunidad de bienes tributará por actos jurídicos documentados si se realiza por escritura pública. Al adjudicarse los inmuebles a un solo comunero, se produce un exceso de adjudicación que tributa por transmisiones patrimoniales onerosas. Esta operación genera una ganancia o pérdida patrimonial en el IRPF para el comunero que cede su parte. Finalmente, estas transmisiones por sentencia de divorcio no están sujetas al IIVTNU.
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