How the DGT's position has evolved
Current position
The dissolution of communities of property over indivisible assets, with proportional benefits according to the shares, is not taxed via onerous property transfers, but rather through the variable rate of AJD (Documented Legal Acts Tax). This criterion applies even if the compensation is made through debt assumption, dation in payment, or cash. In farm aggregation operations, the tax base shall be the value of the aggregated farms or the reference value.
The DGT's position has consolidated around the application of the variable AJD rate in the dissolution of communities of property with proportional allocations. The most recent rulings (V0623-25, V0458-26, V1113-26) confirm that the nature of the compensation (debt, cash, or dation in payment) does not alter the liability for AJD. The doctrine establishes a clear distinction between property transfers and the application of article 31.2 of the TRLITPAJD (Revised Text of the Law Regulating Documented Legal Acts Tax).
Turning points
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Establishes that the dissolution of communities over indivisible assets is taxed via the variable AJD rate if the benefits are proportional, even through debt assumption or dation in payment.
Analysis based on 50 of 56 rulings with a stated position. Updated 15 September 2026.