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V1773-19 ·11 July 2019 ·consulta-vinculante Medium impact
Tax

Melilla income tax deduction unavailable without habitual residence in the city

A labour inspector who relocated to Madrid in 2019 inquired whether the Melilla income tax deduction could be applied to salary supplements from previous years that were judicially recognised. The Directorate General for Taxes (DGT) ruled that the deduction cannot be applied because the individual was not a resident of Melilla during the imputation period, although they may apply the reduction for income with a generation period exceeding two years.

In 6 key points

How it affects those involved

This ruling clarifies that habitual residence in Melilla is a mandatory requirement for accessing specific tax deductions, even when salary supplements are awarded through judicial processes for prior periods.

Lifecycle

2019-07-11PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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