How the DGT's position has evolved
Current position
For the reduction under Article 20.6 of Law 29/1987, the shares must be exempt from Wealth Tax (Impuesto sobre el Patrimonio), which requires that the kinship group holds at least a 20% joint stake and one of them performs management functions with remuneration exceeding 50% of their income. In transfers of non-real estate assets, the applicable regulations are those of the Autonomous Community of the donee's habitual residence. In the case of trusts, transfers are considered to be made directly between the settlor and the beneficiary.
The DGT's position remains stable in the interpretation of the requirements for the reduction under Article 20.6, although it has specified the connection between the Wealth Tax exemption and the joint participation of the family group. Consistency has been maintained in determining the applicable regional regulations according to the residence of the donee. No doctrinal shifts are observed, but rather an application of technical criteria to new figures such as the trust.
Turning points
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Specifies that the Wealth Tax exemption for the reduction requires the kinship group to have a joint stake of at least 20% and that one of them receives remuneration for management functions exceeding 50% of their income.
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Establishes that due to the tax transparency of the trust, transfers are considered to be made directly between the settlor and the beneficiary.
Analysis based on 30 of 30 rulings with a stated position. Updated 24 September 2026.