How the DGT's position has evolved
Current position
Transactions between entities or partners with a shareholding equal to or greater than 25% must be valued at their market value. The agreed value under Article 18.6 of the LIS (Corporate Income Tax Law) is only applicable if professional activity represents more than 75% of the entity's income. Otherwise, it is mandatory to apply the valuation methods set out in paragraph 4 of Article 18 of the LIS.
The DGT's position remains constant regarding the obligation to apply market value in transactions between related parties. The evolution shows an increasing focus on the strict application of the requirements of Article 18.6 of the LIS for professional partner services. Recent rulings reinforce that, if the professional income threshold is not met, the methods from paragraph 4 of Article 18 must be used.
Turning points
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Establishes the autonomy of market value in Corporate Income Tax (IS), indicating that a valuation carried out for other taxes is not valid for this tax.
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Clarifies that the agreed value is only valid if the requirements of Article 18.6 of the LIS are met for professional partners; otherwise, the methods of paragraph 4 of Article 18 apply.
Analysis based on 18 of 18 rulings with a stated position. Updated 25 September 2026.