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The consultant asks whether leaving their job to start a new one in Spain and remaining inactive under a non-competition agreement would result in losing the special regime under the LIRPF. The DGT responds that voluntary job termination does not lead to exclusion if a new labour relationship is established that meets the requirements of Article 93 of the LIRPF.
Cuestión planteada Si el cese voluntario de la relación laboral que motivó su desplazamiento a España con el objetivo de suscribir el nuevo contrato laboral con la sucursal en España de la entidad italiana, permaneciendo inactivo durante el período de cumplimiento del pacto de no competencia post-contractual, supone la exclusión del régimen fiscal especial regulado en el artículo 93 de la LIRPF.
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