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Segregation: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 31 rulings · 2015–2025

Current position

The segregation of assets does not alter their value or their original acquisition date. In the case of common elements, the acquisition and transfer values must be calculated proportionally using ownership coefficients. The exemption for those over 65 is limited exclusively to the part of the property that constitutes the habitual residence, with the remainder being taxed under the savings tax base.

The DGT's position remains constant regarding the neutrality of segregation on acquisition values and dates. The application of ownership coefficients for common elements has been specified, and the scope of tax exemptions has been delimited, restricting them solely to the part of the property that meets the requirements of a habitual residence.

Turning points

  1. V2226-21

    Specifies that the reinvestment exemption is not applicable to the part of the capital gain proportional to the segregated area if the effective residence period is not met.

Analysis based on 30 of 31 rulings with a stated position. Updated 24 September 2026.

Rulings on this topic

24

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