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V1527-25 21 August 2025 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IP · exención

Requirements for exemption from Wealth Tax on shares in civil entities

Consultants inquire whether their shares in a civil society engaged in aesthetics may be exempt from Wealth Tax. The DGT states that the applicable exemption is for shares in entities (Art. 4.8.2 LIP), provided the requirements relating to economic activity, share percentage, and directorial functions are met.

The question raised

Question posed: Whether the assets and rights assigned to the professional activity of the applicants could benefit from the exemption in Wealth Tax. In the event of an exemption, whether there is any additional formal or documentary requirement to consolidate said exemption. And, in the event that no exemption exists, whether, based on the circumstances presented, they fall under any of the exemptions provided for in article four of Law 19/1991, of June 6, on Wealth Tax.

The DGT's ruling

The exemption applies to holdings in entities, including civil societies subject to the income attribution regime under Personal Income Tax (IRPF). To qualify, the entity must not primarily manage movable or immovable property, the holding must be at least 5% individually or 20% jointly with family members, and the taxpayer must perform management functions with remuneration exceeding 50% of their income (excluding income from the exempt activity itself). The exempt assets must be stated in the tax return.

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