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An entity with 6% of a holding company K's capital questions whether the transfer income may be exempt under LIS art. 21.3. The DGT confirms that, as K is a holding company (over 70% of income from dividends and interest), it is necessary to prove a minimum 5% indirect shareholding in K's subsidiaries with a holding period exceeding one year. If K holds more than 90% in its subsidiaries, the requirement is met indirectly, although the duration of holding is not proven in the query. The exemption applies with a 5% reduction in management expenses.
The tax team reviews your specific situation.
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