How the DGT's position has evolved
Current position
Ownership of community property income and assets is attributed equally to each spouse, unless another share is justified. In a joint tax return, each spouse has an individual reduction limit of 10,000 euros. When contributing community property, the contribution is attributed equally to each of the owners.
The DGT's position remains constant regarding the attribution of ownership of community property and income in equal shares, unless proven otherwise. Criteria have been specified regarding the application of tax reductions and limits in joint tax returns. No fundamental changes in the nature of shared ownership have been observed.
Turning points
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Defines the contribution of a share of ownership in community property as a special non-monetary contribution according to art. 87.1 LIS (Corporate Income Tax Law).
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Specifies that in a joint tax return, each spouse has an individual reduction limit of 10,000 euros when contributing community property.
Analysis based on 24 of 25 rulings with a stated position. Updated 24 September 2026.