How the DGT's position has evolved
Current position
To access the reductions for the transfer of shares or the special regime for non-monetary contributions, the entity must be exempt from Wealth Tax. This requires that its main activity is not the management of movable or immovable assets. Additionally, requirements regarding minimum participation, management functions, and remuneration by the taxpayer must be met.
The DGT's position remains constant throughout the sequence. The administration systematically links access to benefits in Inheritance and Gift Tax (ISD) and Corporate Tax (IS) to the absence of a main activity of real estate asset management. No changes in criterion are observed, but rather a reiteration of the Wealth Tax exemption requirements.
Turning points
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Establishes that for the leasing of real estate not to be considered real estate asset management, at least one person employed under a full-time labor contract is required.
Analysis based on 9 of 9 rulings with a stated position. Updated 30 September 2026.