How the DGT's position has evolved
Current position
To apply the 95% reduction in the IRPF (Personal Income Tax) taxable base, it is a necessary condition to maintain the right to the exemption in Wealth Tax for ten years. Maintenance refers to the value of the acquisition and not to the nature of the asset, allowing for the substitution of shares through spin-offs or contributions to other entities. However, operations that substantially reduce the value of the acquisition must be avoided, and the nature of the management functions must be complied with for the wealth tax exemption.
The DGT's position remains constant regarding the requirement of the ten-year period and the link to the Wealth Tax exemption, regardless of regional regulations. The evolution shows a transition from the basic application of article 20.6 of the LISD (Law on the Tax on the Wealths and Managements) towards the clarification that the substitution of assets through spin-offs or contributions to holdings does not break the maintenance requirement, provided that the value and the wealth tax exemption are preserved.
Turning points
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Clarifies that the non-monetary contribution of shares to a new holding entity does not constitute a breach of the requirement to maintain what was acquired.
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Establishes that the obligation to maintain what was acquired refers to the value of the acquisition and not to the nature of the asset, allowing for substitution through proportional spin-off.
Analysis based on 9 of 12 rulings with a stated position. Updated 27 September 2026.