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V3303-17 27 December 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por trabajos en el extranjero

Requirements for the application of the exemption for work performed abroad

The DGT clarifies that the exemption under article 7(p) of the LIRPF does not apply to managers, and in intragroup services, the work must generate a benefit or utility for the non-resident entity.

The question raised

Question posed In relation to the aforementioned persons, whether the exemption provided for in letter p) of Article 7 of the Tax Law is applicable.

The DGT's ruling

The exemption under Article 7.p) of the LIRPF requires that the work be effectively performed abroad for a non-resident entity or a permanent establishment. In intra-group services, there must be an advantage or benefit for the recipient entity, pursuant to Article 18 of the LIS. Remuneration for directors does not benefit from this exemption as it constitutes income from employment according to Article 17.2.e) of the LIRPF. Furthermore, the destination country must have an analogous tax and must not be a tax haven.

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