How the DGT's position has evolved
Current position
The maintenance of the investment does not require the continuity of the activity, but rather the preservation of the acquisition value. Reinvestment in various assets such as real estate, shares, or financial products is permitted to avoid the reduction of value. In the case of property communities (comunidades de bienes), the allocation and materialization of the investment must be carried out individually by each partner.
The DGT's position remains constant regarding the flexibility of the reinvestment elements, allowing mergers and changes in participation without losing the benefit. The doctrine has specified that the key requirement is the maintenance of the equity value and not operational continuity. Recently, the individualized application for members of property communities has been clarified.
Turning points
-
Establishes that the reduction of participation below 5% due to a merger is considered a justified loss and does not breach the maintenance requirement.
-
Clarifies that the maintenance of value does not require the continuity of the activity, allowing reinvestment in financial assets to avoid the reduction of value.
Analysis based on 19 of 20 rulings with a stated position. Updated 25 September 2026.