How the DGT's position has evolved
Current position
The deduction for the reinvestment of extraordinary profits requires that the income arises from the transfer of fixed assets or capital holdings (minimum 5%) used in the activity. The amount obtained must be reinvested in eligible assets within the legal period. No correspondence is required between the nature of the transferred asset and the acquired one.
The DGT's position remains constant in the application of the requirements of article 42 of the TRLIS (Corporate Income Tax Law). Rulings have clarified operational aspects such as the integration of income into the tax base, subrogation in cases of mergers, and the impact of reorganizations on the maintenance of the investment. No fundamental changes in the base criterion are observed.
Turning points
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Establishes the distinction of applicable rates (18% or 30%) depending on whether the previous transferors applied or did not apply the reinvestment deduction.
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Determines that the exclusion of entities from the tax group implies a partial breach of the investment maintenance requirement.
Analysis based on 25 of 29 rulings with a stated position. Updated 24 September 2026.