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A spouse wishes to contribute their private share of a property to the community of property. The DGT has ruled that this operation constitutes an onerous transfer exempt from ITPAJD and is not subject to municipal tax on the increase in value of land.
Cuestión planteada Tributación de la operación.
La aportación de un bien privativo a la sociedad de gananciales supone la transmisión del 50% de la propiedad al otro cónyuge. Esta operación está sujeta a la modalidad de transmisiones patrimoniales onerosas del ITPAJD, pero cuenta con una exención específica. Asimismo, no se encuentra sujeta al impuesto sobre el incremento de valor de los terrenos de naturaleza urbana (IIVTNU).
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