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A query was raised regarding whether co-owners of a community of property that leases real estate can apply for Wealth Tax exemption. The DGT ruled that the exemption does not apply through the entity itself; instead, each co-owner must individually meet the requirements of carrying out the activity habitually, personally and directly, and it must constitute their primary source of income.
Cuestión planteada Exención en el Impuesto sobre el Patrimonio de los comuneros en ambas Comunidades de Bienes.
El acceso a la exención en el Impuesto sobre el Patrimonio exige que cada comunero, individualmente considerado, ejerza la actividad económica de forma habitual, personal y directa. Además, dicha actividad debe constituir su principal fuente de renta, considerando conjuntamente las circunstancias de las comunidades de bienes en las que participe. En la comunidad de bienes donde se realice la actividad, debe cumplirse el requisito de contratación de una persona a jornada completa.
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