How the DGT's position has evolved
Current position
For the dividend exemption, if the distributing entity derives more than 70% of its income from income from holdings, the shareholder must meet minimum indirect participation requirements in the source entities. In Wealth Tax (Impuesto sobre el Patrimonio), the location of an entity is determined by whether its assets are composed, directly or indirectly, of at least 50% real estate in Spain.
The DGT's position remains constant in the application of indirect participation for various scenarios. It is applied consistently both for the calculation of integration in tax consolidation groups and for determining the residence of entities in Wealth Tax and the requirements for dividend exemption.
Turning points
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Establishes that if the distributing entity derives more than 70% of its income from other entities, an indirect participation of at least 5% is required to maintain the exemption.
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Clarifies that indirect participation does not allow for meeting the minimum 5% ownership requirement to access the exemption under article 4.Eight.Two of the LIP.
Analysis based on 33 of 35 rulings with a stated position. Updated 23 September 2026.