How the DGT's position has evolved
Current position
The real obligation in Wealth Tax and ISD (Inheritance and Gift Tax) is determined by the location of the assets or the nature of the acquisition. In the case of companies, the real obligation arises when assets consist of 50% or more in real estate located in Spain, even if the company is foreign. For ISD, non-residents are taxed on assets located in Spain or life insurance policies with Spanish entities.
The DGT's position remains constant in the application of the real obligation based on the location of the assets. A consolidation of the criterion regarding participation in companies with real estate assets in Spain is observed, extending the application to holdings in foreign companies if they meet the 50% threshold. There are no changes in doctrine, but rather a consistent application of the regulations in different factual scenarios.
Turning points
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Confirms that Spain may tax holdings in foreign companies if their assets consist, directly or indirectly, of at least 50% in real estate located in Spanish territory.
Analysis based on 62 of 65 rulings with a stated position. Updated 15 September 2026.