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Consultants seek to divide rural estates held in a community of property so that each co-owner holds complete plots. The DGT rules that, as co-ownership persists in other properties, the operation constitutes a barter rather than a dissolution of the community.
Cuestión planteada Valor de las fincas rústicas.
La operación descrita constituye una permuta de participaciones en las cuotas de las fincas, ya que la comunidad de bienes no se extingue al mantenerse el proindiviso en otros inmuebles. La base imponible es el valor real de los bienes transmitidos, que coincide con el valor de mercado. Cada permutante tributará por el valor comprobado de los bienes que adquiera.
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