How the DGT's position has evolved
Current position
The exemption in Wealth Tax requires that the kinship group (spouse, ascendants, descendants, and second-degree collaterals) holds at least 20% of the capital. At least one member of said group must perform management functions with the required remuneration. Furthermore, the entity must carry out an economic activity and its main activity must not be the management of real estate assets.
The DGT's position remains constant in requiring that the Wealth Tax exemption be a prerequisite for the reduction due to donation. Throughout the rulings, it has been specified that the requirements for participation and management can be met jointly by the members of the family group. The doctrine has detailed the limits of economic activity and the composition of the kinship group.
Turning points
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Establishes that no reference taxpayer is required, allowing the kinship and management function requirements to be met by any member of the family group.
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Specifies that economic activity is carried out in the leasing of real estate if at least one person is employed under a full-time employment contract.
Analysis based on 54 of 59 rulings with a stated position. Updated 23 September 2026.