How the DGT's position has evolved
Current position
The adjudication of the inheritance estate must be carried out equivalently for each heir according to their title. If the partition generates adjudication excesses that are avoidable through other combinations of lots, these shall be taxed under Transfer Tax (ITP). The excess is only exempt from ITP if its indivisibility is unavoidable for the set of assets.
The DGT's position remains constant regarding the integration of economic rights and debts into the inheritance estate for taxation under Inheritance Tax (ISD). No doctrinal change is observed, but rather a specialization in the valuation of burdens and in the application of ITP in the event of avoidable adjudication excesses.
Turning points
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Establishes that adjudication excesses that are avoidable through other combinations of lots shall be taxed under ITP.
Analysis based on 24 of 26 rulings with a stated position. Updated 24 September 2026.