How the DGT's position has evolved
Current position
The partition must allocate each hereditary mass equivalently to each heir according to their title. If adjudication excesses occur that are avoidable through other combinations of lots, these are taxed under Transfer Tax (ITP). The exception of non-taxation due to indivisibility only applies if the excess is unavoidable for the set of assets.
The DGT's position remains constant regarding the treatment of adjudication excesses. It has been reaffirmed that taxation under ITP depends on whether the excess is avoidable, requiring the partition to seek proportionality in the lots to avoid the taxable event.
Turning points
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Establishes that avoidable adjudication excesses generate the ITP taxable event and defines the beneficiaries as taxpayers.
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Specifies that the adjudication excess is taxed as an onerous transfer if the assets are distinct and divisible, limiting the exception of registry unity to the dwelling and its annexes.
Analysis based on 21 of 22 rulings with a stated position. Updated 25 September 2026.