Doctrine by topic · DGT Observatory

Dismemberment of Ownership: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 11 rulings · 2014–2020

Current position

The value of the bare ownership is determined by subtracting the value of the life usufruct from the total value of the assets. The value of the usufruct is estimated at 70% of the total value when the usufructuary is under twenty years old, reducing by 1% for each additional year until a minimum of 10%. Upon the extinction of the usufruct due to death, taxation occurs under the concept of a gift based on the value the shares had at the time of the dismemberment of ownership.

The position of the DGT remains constant regarding the treatment of the consolidation of ownership due to death, maintaining the value of the bare ownership fixed at the time of its constitution. The most recent rulings have specified the methodology for calculating the value of the usufruct through the application of percentages based on the age of the usufructuary.

Turning points

  1. V0428-20

    Specifies the valuation methodology for life usufruct, establishing 70% of the total value which reduces by 1% for each additional year of age, with a minimum of 10%.

Analysis based on 10 of 11 rulings with a stated position. Updated 30 September 2026.

Rulings on this topic

11
V1969-15 23 Jun 2015

Application of the 95% reduction to bare ownership donations and consolidation of ownership

SG de Impuestos Patrimoniales, Tasas y Precios Públicos
nuda propiedadusufructoconsolidación del dominioreducción por empresa familiarexención en el impuesto sobre el patrimonio LISD — Ley 29/1987 de Sucesiones y Donaciones art. 9.aLISD — Ley 29/1987 de Sucesiones y Donaciones art. 20.6
Affects CompanyExpat · Non-residentIndividual

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