How the DGT's position has evolved
Current position
The 95% reduction in Inheritance and Gift Tax (ISD) requires that the activity or holdings be exempt from Wealth Tax. Regarding holdings, the entity's main activity must not be the management of real estate or movable property. In cases of joint ownership, the requirements for management functions and remuneration exceeding 50% may be met by a single member of the kinship group to benefit all members.
The DGT's position remains constant in requiring the prior exemption from Wealth Tax as a necessary condition. Throughout the rulings, the requirements for management and remuneration have been specified, especially in the joint ownership of holdings. No changes are observed in the core of the criterion, but rather clarifications regarding the scope of asset management and application in kinship scenarios.
Turning points
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Establishes that management functions and remuneration exceeding 50% may be fulfilled by at least one of the persons in the kinship group so that all are entitled to the exemption.
Analysis based on 83 of 93 rulings with a stated position. Updated 24 September 2026.