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A co-owner wishes to retain an indivisible property by compensating their nephews and nieces in cash. The DGT rules that the dissolution of the community of property will be subject to tax on documented legal acts, and that any excess in adjudication will not be subject to tax on onerous transfers if it is unavoidable and compensated in cash.
Cuestión planteada Tributación de la operación.
La disolución de una comunidad de bienes sin actividad empresarial tributará por actos jurídicos documentados si cumple los requisitos del TRLITPAJD. Si existe un exceso de adjudicación, este tributará por transmisiones patrimoniales onerosas si es oneroso o por sucesiones si es lucrativo. Sin embargo, si el exceso es inevitable por la indivisibilidad del bien y se compensa en dinero según el Código Civil, no tributará por transmisiones patrimoniales onerosas.
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