How the DGT's position has evolved
Current position
The reduction under article 20.2.c) of the LIS (Corporate Income Tax Law) requires that the holdings be exempt from Wealth Tax. In acquisitions through 'pactos de presente' (present agreements), the reduction is not applicable because the transferor must be a deceased person. Likewise, in joint holdings, at least one relative up to the second degree of collateral must perform management functions and receive remuneration.
The DGT's position remains constant regarding the requirement of Wealth Tax exemption as a necessary condition. The doctrine has progressively specified the limits of the permitted kinship group and the nature of the acquisition, excluding 'pactos de presente' due to the lack of a deceased transferor.
Turning points
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Establishes that for a real estate leasing entity to carry out economic activity rather than asset management, there must be a full-time employment contract for management.
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Determines that in 'pactos de presente', the reduction is not applicable because the indispensable requirement is that the transferor of the acquisition be a deceased person.
Analysis based on 48 of 52 rulings with a stated position. Updated 19 September 2026.