How the DGT's position has evolved
Current position
The reduction under Article 20.6 of the LISD (Corporate Income Tax Law) in the donation of shares requires that the shares enjoy the exemption in Wealth Tax. The donor must meet age or incapacity requirements and cease to perform management functions and receive remuneration for them. The donees must maintain the value of the acquisition and the right to the Wealth Tax exemption for ten years.
The DGT's position remains constant in the interpretation of the requirements for the reduction under Article 20.6 of the LISD. Consultations repeatedly confirm the need for the prior exemption in Wealth Tax and the conditions regarding management functions. No changes in criterion are observed, but rather a uniform application of the rule to different scenarios, such as community property or the management of value during the maintenance period.
Turning points
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Clarifies that the sale of shares to reinvest in others that meet the exemption requirements does not breach the duty to maintain the initial value.
Analysis based on 59 of 64 rulings with a stated position. Updated 19 September 2026.