How the DGT's position has evolved
Current position
Capital gains derived from the donation of real estate to Local Entities are exempt from Corporate Tax (IS) under Law 49/2002. To access the 40% deduction in the gross tax liability, the donation must be irrevocable, pure, and simple. This operation does not allow for the deduction of the donation as an expense in the taxable base.
The DGT's position on the exemption of capital gains in donations to local entities remains constant in the 2024 and 2025 rulings. No doctrinal change is observed, but rather a confirmation of the application of Law 49/2002 for this specific case.
Analysis based on 23 of 29 rulings with a stated position. Updated 24 September 2026.