How the DGT's position has evolved
Current position
The adjudication of hereditary estates must be carried out independently for each heir according to their title. If the partition generates adjudication excesses that are not unavoidable, these are taxed under the onerous property transfers modality. It is not possible to treat several inheritances as a single estate to avoid this taxable event.
The DGT's position has focused on delimiting when an adjudication of assets constitutes an onerous transfer. It has moved from analyzing the assumption of debts in corporate dissolutions to establishing strict criteria regarding the indivisibility of hereditary estates. Current doctrine penalizes adjudication excesses in inheritances that could have been avoided through proportional lots.
Turning points
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Establishes that adjudication excesses are taxed as onerous property transfers if they are not unavoidable, such as when proportional lots could have been formed.
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Reinforces the obligation to adjudicate each hereditary estate independently, preventing the treatment of several inheritances as a single estate to avoid the tax.
Analysis based on 38 of 43 rulings with a stated position. Updated 15 September 2026.