How the DGT's position has evolved
Current position
To access the 20.6% reduction under Law 19/2011 (LISD), the donor must be entitled to the exemption in Wealth Tax. The exemption requires the activity to be economic, which in the case of real estate leasing requires having at least one full-time employee. Likewise, the requirement of management by a relative up to the second degree of collateral kinship with corresponding remuneration must be met.
The DGT's position remains constant regarding the interconnection between the LISD reduction and the Wealth Tax exemption. Throughout the rulings, the scope of economic activity and the limits of the kinship group for the exercise of management functions have been specified. No fundamental changes are observed, but rather a repeated application of the activity and kinship requirements.
Turning points
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Establishes that the real estate leasing activity is only economic if at least one person is employed under a full-time employment contract.
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Specifies that the exercise of management functions must be carried out by a relative up to the second degree of collateral kinship to meet the exemption requirement.
Analysis based on 57 of 61 rulings with a stated position. Updated 18 September 2026.