How the DGT's position has evolved
Current position
The dissolution of a community of property or the separation of a co-owner does not constitute a transfer of assets if the allocation conforms to the participation shares. In these cases, the operation is taxed under the modality of Documented Legal Acts (AJD). If there is an excess of allocation, it shall be taxed as onerous transfers of assets, unless the rule of art. 1.062 of the Civil Code is met (indivisible asset, allocation to a single co-owner, and compensation in cash), in which case it shall be taxed under Documented Legal Acts (AJD).
The DGT's position remains constant in the distinction between dissolution without excesses and the existence of them. It has been reaffirmed that an excess of allocation generates an onerous transfer, unless the requirements of indivisibility and compensation in cash provided for in the Civil Code are met. The doctrine has been consistent since 2020 in the application of the variable AJD rate for proportional allocations.
Turning points
-
Establishes that the excess of allocation in a community of property has an onerous character and must be taxed via ITP (Transfer Tax) if the excess is avoidable.
-
Specifies that the excess of allocation is taxed as onerous transfers of assets, unless the special rule of art. 1.062 of the Civil Code is applied.
Analysis based on 79 of 89 rulings with a stated position. Updated 17 September 2026.