Doctrine by topic · DGT Observatory

Maintenance of Acquisition: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 9 rulings · 2016–2023

Current position

The maintenance of the acquisition requires preserving the acquisition value for which the reduction was applied, rather than the activity or the percentage of ownership. Acts of disposal or corporate operations that substantially reduce said value are prohibited. The contribution of shares to a holding company or the receipt of assets in exchange does not break the requirement if the economic value is preserved.

The DGT's position has remained constant by focusing the requirement on economic value rather than the nature of the asset or direct ownership. Throughout the rulings, it has been specified that maintenance refers to the group of heirs as a whole and that economic evolution or the loss of value in listed companies does not constitute non-compliance.

Turning points

  1. V2430-17

    Establishes that the maintenance of the acquisition is interpreted as the maintenance of value, prohibiting acts that substantially reduce it.

  2. V2324-20

    Clarifies that the acquisition value must be maintained rather than the activity, noting that the loss of value in listed companies is not attributable to the holder.

Analysis based on 8 of 9 rulings with a stated position. Updated 28 September 2026.

Rulings on this topic

9
V1609-18 11 Jun 2018

The requirement to maintain the acquisition affects the group of co-heirs as a whole

SG de Impuestos Patrimoniales, Tasas y Precios Públicos
mantenimiento de la adquisiciónreducción por empresa familiargrupo de herederosvalor de adquisicióntransmisión mortis causa LISD — Ley 29/1987 de Sucesiones y Donaciones art. 20.2.cLISD — Ley 29/1987 de Sucesiones y Donaciones art. 27.1
Affects CompanyExpat · Non-residentIndividual

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