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V1609-18 11 June 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · mantenimiento de la adquisición

The requirement to maintain the acquisition affects the group of co-heirs as a whole

A query was raised regarding whether the requirement to maintain the acquisition value for the family business reduction applies only to the heir receiving the asset or to all heirs. The DGT ruled that the requirement applies to the group of heirs as a whole.

The question raised

Various hypotheses regarding the maintenance of the acquisition value are raised.

The DGT's ruling

The requirement to maintain the acquisition value under Article 20.2.c) of Law 29/1987 must be understood as referring to the group of heirs as a whole. The reduction applies to each heir in proportion to their share, whereby the maintenance requirement is linked to the group. The requirement affects all members of the group, even if the asset is allocated to a single individual. The requirement is not breached if the acquisition value is maintained through immediate reinvestment in financial products or real estate.

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