How the DGT's position has evolved
Current position
The 95% reduction under Article 20.6 of the LISD requires the gratuitous transfer of the company, professional business, or shares as a whole. The donee must comply with the Wealth Tax (Impuesto sobre el Patrimonio) exemption for ten years, which requires that the entity does not primarily manage movable or immovable assets. Likewise, the donor must cease their management functions and the donee must maintain the value of the transferred elements.
The DGT's position remains constant regarding the requirement for a unitary transfer and the cessation of management functions. It has been specified that the reduction is applicable to specific elements of the activity even if others are transferred for consideration. The most recent rulings reinforce the necessary connection with the Wealth Tax exemption and the entity's management requirements.
Turning points
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Establishes that the reduction is applicable to the real value of the donated elements even if other integrated elements are transferred for consideration.
Analysis based on 7 of 8 rulings with a stated position. Updated 13 October 2026.