How the DGT's position has evolved
Current position
The reduction under Article 20.6 of the LIS (Corporate Income Tax Law) requires that the transferred shares enjoy the exemption in Wealth Tax. To this end, the requirements of economic activity, minimum participation, and the performance of management functions must be met. The determination of whether the assets are allocated to the economic activity is governed by IRPF (Personal Income Tax) regulations.
The DGT's position remains constant in requiring the Wealth Tax exemption as a necessary condition for the reduction. Throughout the rulings, the requirements for the wealth exemption, such as the management of the participation and the nature of the management functions, have been specified. No changes in criterion are observed, but rather a repeated application of the current regulations.
Turning points
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Clarifies that the subsequent non-monetary contribution of the shares does not affect the reduction if the acquisition value and the wealth exemption are maintained.
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Establishes that the transfer of shares between heirs or the reinvestment of the amount in other assets does not annul the benefit if the acquisition value is maintained.
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Specifies that management functions may be exercised by a member of the kinship group as long as they receive the required remuneration.
Analysis based on 7 of 8 rulings with a stated position. Updated 2 October 2026.