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V0851-21 12 April 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · régimen especial

UK national may apply for special LIRPF regime under work contract

A UK national asks whether the special regime under article 93 of the LIRPF applies when hired by a Spanish company. The DGT states it is possible if there is a causal link between the start of the employment relationship and the move, and all other legal requirements are met.

The question raised

Question posed: Whether the special tax regime provided for in Article 93 of the Personal Income Tax Law is applicable.

The DGT's ruling

To apply the special regime, the relocation must be a consequence of an employment contract with an employer in Spain. It is required that the taxpayer has not been a resident in Spain during the ten previous tax periods and that they do not obtain income through a permanent establishment. The application depends on the fulfillment of the causal link between the commencement of the employment relationship and the relocation.

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