How the DGT's position has evolved
Current position
The exemption in Wealth Tax requires that assets be allocated to the economic activity in a habitual, personal, and direct manner. Financial resources intended for the lending of capital to third parties are not considered allocated elements. Likewise, the allocation of bank account balances depends on the necessity and proportionality of the average balance in relation to the needs of the activity.
The DGT's position remains constant in requiring a real and direct allocation to the economic activity for the exemption. Through rulings, it has been specified that the lack of requirements in Inheritance and Gift Tax prevents the exemption in IRPF (Personal Income Tax) and in Wealth Tax. Recently, it has been delimited that the mere availability of liquidity does not guarantee allocation if it is not proportional to the activity.
Turning points
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Establishes the interdependence between the exemption in Inheritance and Gift Tax and the right to exemption in Wealth Tax to avoid capital gains in IRPF.
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Clarifies that the lending of capital to third parties does not constitute an element allocated to the economic activity, denying the exemption in Wealth Tax.
Analysis based on 48 of 50 rulings with a stated position. Updated 18 September 2026.