How the DGT's position has evolved
Current position
Income is attributed according to its origin or source and the rules of legal ownership, regardless of the matrimonial economic regime. In community property, ownership is attributed equally to each spouse unless another share is justified. In the absence of accreditation, the Administration will consider the person appearing in public registries to be the owner.
The DGT's position remains constant by prioritizing legal ownership and the origin of the income over the community property regime. The rulings confirm that the attribution of yields depends on the ownership of the assets and not on the economic nature of the marriage. No changes in criterion are observed, but rather a reiteration of the application of ownership rules.
Analysis based on 39 of 42 rulings with a stated position. Updated 16 September 2026.