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V5155-16 29 November 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
OTRO · comunidad de bienes

Redistribution of plots in a community of property is taxed as an exchange for ITPAJD and does not trigger IRPF gains if ownership shares are respected

A taxpayer queried the taxation of the allocation of plots within a community of property where excesses are compensated in cash. The DGT ruled that the operation constitutes an exchange for ITPAJD purposes and that no capital gain or loss arises for IRPF if the allocations respect the existing ownership shares.

The question raised

Taxation of said operation under the Transfer Tax and Stamp Duty and under Personal Income Tax.

The DGT's ruling

For the Transfer Tax and Stamp Duty (ITPAJD), the operation is not a dissolution but a redistribution of shares constituting a barter, with each co-owner being taxed on the value of what they acquire. For Personal Income Tax (IRPF), the adjudication of assets in accordance with the ownership share does not imply an alteration in the composition of the assets, and therefore does not generate capital gains or losses. In this case, the assets retain their original values and acquisition dates.

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