How the DGT's position has evolved
Current position
The dividend exemption under Article 21 of the LIS (Corporate Income Tax Law) requires a minimum holding of 5% maintained uninterruptedly during the previous year. If the recipient entity derives more than 70% of its income from similar income, the minimum indirect holding requirement must be met. The amount of exempt dividends shall be reduced by 5% for expenses.
The DGT's position remains stable regarding the minimum holding and permanence requirements for the dividend exemption and contribution regimes. The rulings have maintained the requirement that transactions must have valid economic motives and must not have the primary objective of tax fraud or evasion. No changes in criterion are observed, but rather the constant application of the LIS regulations.
Analysis based on 273 of 289 rulings with a stated position. Updated 24 September 2026.