How the DGT's position has evolved
Current position
The lucrative transfer of a company or professional business does not generate capital gains or losses in the IRPF (Personal Income Tax) if the requirements of article 20.6 of Law 29/1987 are met. The donor must be 65 years of age or have a disability and cease their management functions. The donee must maintain the exemption in the Wealth Tax and the activity must be carried out in a habitual, personal, and direct manner.
The DGT's position remains constant in the application of the exemption under article 20.6 of Law 29/1987. Rulings have specified that transferred or leased management prevents the reduction because the requirement of personal and direct exercise is not met. Likewise, it has been clarified that the preservation obligations fall upon the donee and not the donor.
Turning points
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Establishes that if the management of the business is transferred through lease or assignment before death, the requirement of personal and direct exercise is not met for the reduction.
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Clarifies that the reduction is applicable even if the other half of the business is transferred for consideration and that the preservation obligations belong exclusively to the donee.
Analysis based on 16 of 16 rulings with a stated position. Updated 26 September 2026.