How the DGT's position has evolved
Current position
For the reduction under Article 25 of the LIS (Corporate Income Tax Law), the increase in equity cannot derive from shareholder contributions or capital increases. In the case of succession agreements, as they are mortis causa acquisitions, the reduction under Article 20.2.c) of the LISD (Inheritance and Gift Tax Law) is not applicable because the death of the decedent is required. Regarding retirement, it is possible to make contributions for said contingency as long as the collection of the benefit has not commenced.
The DGT's position shows a trajectory of technical precision in different areas of the reduction of the tax base. It has been clarified that capital increases do not count towards the increase in equity, and the inapplicability of reductions for succession agreements has been reaffirmed as they do not meet the death requirement. No change in criterion is observed, but rather a constant application of the regulations in different scenarios.
Turning points
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Establishes that shareholder contributions resulting from a capital increase do not grant the right to the reduction under Article 25 of the LIS.
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Confirms that in future succession agreements, the reduction under Article 20.2.c) of the LISD is not applicable due to the absence of the decedent's death.
Analysis based on 48 of 51 rulings with a stated position. Updated 19 September 2026.