How the DGT's position has evolved
Current position
For the exemption, what is relevant is the objective nature of the functions and the effective involvement in decision-making, regardless of the job title. It is not mandatory for the entity where the functions are performed to be the one paying the remuneration, provided that such remuneration is provided for in the bylaws or deed. The fulfillment of the remuneration requirements may be satisfied by at least one of the persons in the kinship group.
The DGT maintains a consistent position centered on the material reality of management over the job title. Throughout the rulings, it has been specified that the remuneration may be satisfied by any entity within the group and that the fulfillment of income requirements may be shared by the kinship group.
Turning points
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Establishes that the determining factor is the objective nature of the functions and not the job title, noting that effective involvement in decisions prevents the reduction.
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Specifies that the remuneration does not have to be paid by the entity where the functions are performed, provided that the provision is stated in the bylaws.
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Allows management functions and their remunerations to be fulfilled by at least one of the persons in the kinship group.
Analysis based on 26 of 27 rulings with a stated position. Updated 24 September 2026.