How the DGT's position has evolved
Current position
The reduction of capital gains from the transfer of intangible assets (taxi licenses) requires the taxpayer to be taxed under the objective estimation method. The transfer must be motivated by retirement, permanent disability, cessation due to sector restructuring, or transfer to relatives up to the second degree. The reduction is not applicable if the holder continues to carry out the activity after the declaration of disability or retirement, as the transfer would not be considered motivated by said cause.
The DGT's position remains constant regarding the substantive requirements: objective estimation and specific motivating causes. Throughout the rulings, it has been reaffirmed that continuing to carry out the activity invalidates the motivation for the transfer due to retirement or disability. No changes are observed in the permitted factual scenarios.
Analysis based on 37 of 39 rulings with a stated position. Updated 23 September 2026.