How the DGT's position has evolved
Current position
The expenditure of money and the consumption of fungible goods to meet the vital needs of the beneficiary are not considered acts of disposition. Investment in real estate or financial assets does not trigger regularization if carried out under the administration regime of Law 41/2003 and the new asset replaces the one contributed. For investment funds, the contribution must be recorded in a public deed.
The DGT's position remains constant regarding the exclusion of vital expenses and the consumption of fungible goods as acts of disposition. The possibility of substituting the contributed money with real estate or financial assets without losing the reduction has been consolidated, provided that the requirements for administration and substitution of value are met.
Turning points
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Establishes that the expenditure of money and consumption of fungible goods for vital needs are not acts of disposition and allows for substitution with real estate assets.
Analysis based on 13 of 13 rulings with a stated position. Updated 27 September 2026.