How the DGT's position has evolved
Current position
For assets to constitute a branch of activity or economic exploitation, they must form an autonomous economic unit capable of operating by its own means through a differentiated business organization. In Corporate Income Tax (IS), economic exploitation allows for the avoidance of restrictions due to inactivity. In Value Added Tax (IVA), the transfer of elements so that a third party may exploit them economically constitutes a provision of services subject to the tax.
The DGT maintains a constant position on the definition of economic exploitation, requiring it to be an organization of material and human resources with functional autonomy. Throughout the rulings, the need for a differentiated business structure has been reinforced for tax neutrality in demergers and the application of special regimes. No fundamental changes are observed, but rather a repeated application of the concept of an autonomous economic unit.
Turning points
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Establishes that mere ownership of real estate without a differentiated organization of material and human resources does not constitute economic exploitation.
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Introduces the requirement that the natural person must maintain accounting records according to the Commercial Code to apply the regime for the contribution of a branch of activity.
Analysis based on 36 of 46 rulings with a stated position. Updated 15 September 2026.