How the DGT's position has evolved
Current position
The reduction under Article 20.6 of Law 29/1987 requires that the donated shares be entitled to the exemption in Wealth Tax (Impuesto sobre el Patrimonio). The entity must maintain a real economic activity, and the management of real estate or movable property must not be its main activity. Failure to comply with these wealth tax exemption requirements leads to the loss of the reduction for donation.
The DGT's position remains constant in requiring the Wealth Tax exemption as a necessary condition for the reduction. Throughout the rulings, the calculation of the exemption in holdings and the application of the rule to non-resident donees has been specified. No changes in criterion are observed, but rather a reiteration of the requirements for economic activity and wealth tax exemption.
Turning points
-
Specifies that in holdings, securities that grant at least 5% of the voting rights held to direct the participation do not count as an economic activity.
-
Establishes that the non-resident status of the donee does not prevent the application of the reduction.
-
Determines that the reduction will be proportional to the effective exemption in Wealth Tax based on the proportion of assets assigned to the activity.
Analysis based on 19 of 21 rulings with a stated position. Updated 25 September 2026.