How the DGT's position has evolved
Current position
For the special displacement regime, the move to Spain must be a consequence of acquiring the status of administrator. If the entity is a holding company, the administrator cannot hold a stake that determines its status as a related entity. Furthermore, real estate leasing activity is only considered an economic activity for Corporate Income Tax (IS) if at least one person is employed under a full-time employment contract.
The DGT's position remains constant in applying strict requirements to prevent classification as a holding company within special regimes. A consolidation is observed in the requirement that the administrator must not hold stakes that create a relationship with the entity. Likewise, the need for an independent labor structure is reaffirmed so that leasing is not considered a passive asset activity.
Turning points
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Establishes that real estate leasing requires at least one employee with a full-time employment contract to be considered an economic activity, rejecting the outsourcing of management as an alternative.
Analysis based on 39 of 44 rulings with a stated position. Updated 24 August 2026.