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V3132-23 4 December 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · régimen especial

Voluntary termination of employment does not exclude special regime

A taxpayer using the special regime for displaced workers asks whether terminating their original employment to start a new activity with a private company excludes them from the regime. The DGT responds that voluntary termination to start a new employment relationship does not constitute grounds for exclusion.

The question raised

Question posed: Whether the special regime regulated in Article 93 of the Personal Income Tax Law will continue to apply to the taxpayer.

The DGT's ruling

The voluntary termination of the employment relationship that prompted the relocation to Spain to commence a new employment relationship with the company incorporated by the taxpayer does not imply exclusion from the special regime provided for in Article 93 of the Personal Income Tax Law (LIRPF). This is applicable provided that the requirements established in said article continue to be met. It is based on the criterion that termination due to supervening circumstances to commence a new employment relationship is not a cause for exclusion.

Apply this to a real case

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

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