How the DGT's position has evolved
Current position
Positive income from the transfer of shares is exempt if at least 5% of the capital is held uninterruptedly during the previous year. For entities resident in Spain, the taxation requirement is met. However, the exemption does not apply if the investee is a holding company or if it does not comply with the requirement of being subject to an analogous foreign tax of at least 10% in all years of ownership.
The DGT's position remains constant regarding the basic requirements of minimum participation and holding period. The evolution shows greater precision in the application of exclusions, especially regarding the consideration of a holding company and the requirement of being subject to foreign taxes in all years of ownership.
Turning points
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Introduces the limitation of the exemption when the investee is considered a holding company, affecting the portion of income that is not an increase in undistributed profits.
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Specifies that the requirement of being subject to a foreign tax of 10% must be met in all years of ownership.
Analysis based on 31 of 36 rulings with a stated position. Updated 23 September 2026.