How the DGT's position has evolved
Current position
For the exemption under Article 21 of the Law on Corporate Income Tax (LIS), the holding status is assessed based on the income obtained by the entity during the fiscal year of the transfer. If the subsidiary is a parent company and prepares consolidated accounts, the 70% income threshold is calculated based on the consolidated result of the profit and loss account. The exemption requires that the entity's main activity is not the management of movable or immovable property.
The DGT's position remains stable regarding the substantive requirements for the exemption, such as the non-real estate activity and the participation percentages. The evolution shows greater technical precision in the calculation of income thresholds, especially when consolidated accounts of parent companies are involved.
Turning points
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Establishes that, in parent companies with consolidated accounts, the 70% income threshold is calculated based on the consolidated result of the profit and loss account.
Analysis based on 34 of 41 rulings with a stated position. Updated 15 September 2026.