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Reserves: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 15 rulings · 2014–2025

Current position

Dividends or profit shares originating from periods under the tax transparency regime or patrimonial companies are not taxed in the IRPF (Personal Income Tax) of the partners and are not subject to withholding. The company may distribute these reserves regardless of the existence of reserves from previous financial years. However, amounts received from dividend distributions are considered income from movable capital for natural persons, forming part of the savings tax base.

The DGT's position remains constant regarding the treatment of dividends originating from special regimes (patrimonial companies or tax transparency), confirming their non-inclusion in the partner's income (V0259-17, V3100-17, V1003-24). The evolution shows a consolidation of the possibility to distribute these reserves independently of other holdings (V1003-24). No doctrinal changes are observed, but rather a reaffirmation of the application of the tenth transitional provision of the LIS (Corporate Income Tax Law).

Turning points

  1. V1003-24

    Specifies that the company may distribute these reserves regardless of whether reserves from previous financial years exist.

Analysis based on 12 of 15 rulings with a stated position. Updated 26 September 2026.

Rulings on this topic

15
V0259-17 1 Feb 2017

Dividend distribution from exercise reserves under patrimonial companies regime

SG de Impuestos sobre las Personas Jurídicas
sociedades patrimonialesdistribución de dividendosreservasrégimen especialintegración en la renta LIS — Ley 27/2014 del Impuesto sobre Sociedades art. DT10ªLIRPF — Ley 35/2006 del IRPF art. 25.1.a
Affects CompanyExpat · Non-residentIndividual

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