How the DGT's position has evolved
Current position
The dividend exemption requires a minimum holding of 5% maintained uninterruptedly during the year prior to the distribution. If the investee entity is a parent company of a group and derives more than 70% of its income from capital income, compliance with the minimum holding requirement must also be verified in indirect entities. Exempt income must be reduced by 5% for management expenses.
The DGT's position remains stable regarding the basic requirements of holding (5%) and duration (one year). The evolution shows greater technical detail on the application of the exemption in group structures, specifying the need to analyze indirect holdings when the investee entity is a capital income company with income exceeding 70%.
Turning points
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Introduces the need for the parent company's operations to respond to valid economic motives and substantive business reasons to avoid the denial of the exemption.
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Specifies that if the investee entity derives more than 70% of its income from dividends or capital income, the taxpayer must comply with the minimum holding requirement also in indirect entities.
Analysis based on 65 of 68 rulings with a stated position. Updated 15 September 2026.