How the DGT's position has evolved
Current position
The dissolution of the community property regime and the adjudication of the corresponding share does not constitute an alteration in the composition of the assets. The assets received maintain their original values and acquisition dates. A capital gain or loss is only generated if the adjudication of assets exceeds the value of the partner's ownership share.
The DGT's position remains constant regarding the tax neutrality of the liquidation of community property in the IRPF (Personal Income Tax). The rulings confirm that the adjudication of the corresponding share does not alter the composition of the assets, preserving the original values and acquisition dates, unless assets are adjudicated for a value higher than the ownership share.
Analysis based on 19 of 19 rulings with a stated position. Updated 25 September 2026.