How the DGT's position has evolved
Current position
The parent entity must possess legal personality, be subject to a tax analogous to Corporate Income Tax (IS), and hold at least 75% of the capital and the majority of voting rights. Dependent entities subject to a different tax rate than that of the representative entity cannot be part of the group. Furthermore, an entity cannot be a parent if it is dependent on another entity that also meets the requirements of a parent.
The DGT's position remains constant regarding the definition of dominance and dependency requirements. Rulings have progressively clarified the exclusion of entities with different tax regimes and the impossibility of a parent entity being dependent on another. No changes in criterion are observed, but rather a technical application of the regulations regarding the composition of the group.
Turning points
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Establishes that compliance with participation requirements is determined by aggregating the values held by each of the entities in the tax group.
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Clarifies the exclusion of dependent entities subject to a different tax rate than that of the representative entity.
Analysis based on 59 of 60 rulings with a stated position. Updated 19 September 2026.