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V0094-19 15 January 2019 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IP · exención

Wealth Tax exemption may apply if the executive is part of the family group

The applicant asks whether an exemption for holdings in a holding company can be applied. The DGT rules that this is possible if the family group member performing management functions is the one receiving the required remuneration.

The question raised

Question posed: Whether the taxpayer could apply the exemption provided for in Article 4.Eight.Two of Law 19/1991 of the tax in the Wealth Tax.

The DGT's ruling

For the exemption under Article 4.Eight.Two of Law 19/1991, if the participation is held jointly with family members, the management functions and remunerations must be fulfilled by at least one person within the kinship group. In this case, as the spouse is the one exercising management and receiving the remuneration, the requirement is met even if she does not participate in the capital.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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