How the DGT's position has evolved
Current position
The exemption of income depends on the specific nature of the benefit or transaction. In the corporate sphere, income from the transfer of shares or expropriations may be exempt under Article 21 of the LIS (Corporate Income Tax Law) if requirements regarding participation and analogous taxation are met. In the sphere of natural persons, postdoctoral research grants or payments for employees' children's studies do not enjoy exemption and are considered income in kind from employment.
There is no single doctrinal evolution, as the rulings address entirely different exemption scenarios (permanent establishments, disability, non-monetary contributions, grants, pension plans, and transfers of shares). The DGT's position remains fragmented and specific to each type of income analyzed.
Analysis based on 34 of 39 rulings with a stated position. Updated 23 September 2026.