How the DGT's position has evolved
Current position
For the exemption of shareholdings in Wealth Tax (Impuesto sobre el Patrimonio), the kinship group must meet the minimum shareholding percentage and one of its members must perform management functions with remuneration exceeding 50% of their income. Kinship by affinity is maintained after the death of the deceased, although it may be extinguished by a new marriage. In Corporate Income Tax (Impuesto sobre Sociedades), the exemption requires representative contributions exceeding 5% and maintaining a minimum of 5% in the beneficiary company.
The DGT's position remains constant regarding the application of remuneration requirements and management functions. The doctrine has progressively specified the scope of the kinship group and the computation of income in cases of foreign residence or changes in marital status. No changes in criteria are observed, but rather an application of the rule to cases of greater technical complexity.
Turning points
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Clarifies that a change in tax residence does not prevent the exemption, provided that the income from management functions received both in Spain and abroad is computed.
Analysis based on 17 of 20 rulings with a stated position. Updated 25 September 2026.