How the DGT's position has evolved
Current position
Income from real estate capital is attributed according to the legal ownership of the assets. Income due up to the date of death corresponds to the deceased, while income due after the assets are bequeathed corresponds to the legatees. Following the adjudication, income from the properties is attributed to the heirs held in pro indiviso through the income attribution regime.
The DGT's position does not show a doctrinal evolution regarding the concept of pro indiviso, but rather addresses different facets of co-ownership in isolated rulings. Consistency has been maintained in limiting tax liability to the share of participation and in the attribution of income according to legal ownership.
Turning points
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Establishes that mere co-ownership does not generate joint or subsidiary tax liability, limiting seizure exclusively to the taxpayer's share of participation.
Analysis based on 19 of 21 rulings with a stated position. Updated 25 September 2026.