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V2050-23 13 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención

Calculation of exemption for foreign work must use full-year days as denominator

The DGT confirms that the proportionate allocation criterion should use the total number of days in the year when calculating the exempt portion of foreign work income.

The question raised

Question posed: Regarding the exemption regulated in Article 7 p) of the Personal Income Tax Law, specifically concerning the method for calculating exempt income: whether, for the calculation of exempt income through the application of the proportional criterion, the basis should be the number of days worked (180) or the total number of days in the year (365).

The DGT's ruling

To calculate the daily amount of income accrued from work performed abroad, a proportional allocation criterion must be applied using the total number of days in the year (365 or 366) in the denominator. In the numerator, the non-specific remuneration obtained during the year of the assignment is quantified. The result of this quotient is then applied to the number of days the worker was stationed abroad.

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What is published here, applied to a company or a specific case. The first meeting is free.

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