How the DGT's position has evolved
Current position
Shareholdings of different classes within the same sub-fund are not considered homogeneous securities if they present different management fees, as this affects the net asset value. Likewise, shareholdings from different issuers lack substantially similar content regarding rights and obligations to be considered homogeneous.
The DGT's position does not show a linear evolution on a single concept, but rather addresses the nature of shareholdings from different angles: the power to tax real estate assets, the requirements for exemption in lucrative transfers, and the homogeneity of securities. Regarding homogeneity, the most recent criterion establishes that the fee structure is a determining factor for the distinction of shareholdings.
Turning points
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Establishes that differences in management fees prevent shareholdings of the same sub-fund from being homogeneous securities, as they impact the net asset value.
Analysis based on 46 of 52 rulings with a stated position. Updated 19 September 2026.