The Directorate-General for Taxes, in binding consultation V0145-26 of 27 January 2026, confirms that the contribution of participations of the operating subsidiaries to a holding company —a canonical intragroup restructuring operation— does not break the family-business exemption of article 4.Eight.Two of the Net Wealth Tax Act (LIP). The remuneration received from the subsidiaries before the operation, for management functions performed in them, is excluded from the 50% calculation at the level of the holding in the tax period of the restructuring. The DGT thus preserves the tax neutrality characteristic of the FEAC regime of Chapter VII of Title VII of the Corporate Income Tax Act, reiterating a criterion already sustained in V0525-08, V0539-17 and V2317-17.
The practical consequence, for the wealth adviser, is clear. It is advisable to document contemporaneously the traceability of the change: minutes of cessation of management functions in the subsidiaries, minutes of appointment as administrator of the holding, service-provision agreement with the new entity, payslips with breakdown by paying entity. It is also advisable to verify that the holding meets, by itself, the substantive requirements of the exemption —in particular, that it does not qualify as an asset-holding entity under article 4.Eight.Two.a) of the LIP—, which requires a technical analysis of its asset composition and economic activity. Without those two steps, the neutrality of the FEAC regime runs the risk of evaporating in a subsequent verification.