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V4107-16 26 September 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · exención por trabajos en el extranjero

Foreign work exemption requires service to a non-resident entity or permanent establishment

A company asks about the requirements to claim IRPF exemption for foreign work, particularly intragroup services. The DGT clarifies that the service must generate benefit or utility to the non-resident entity and that the exemption is incompatible with the excesses regime.

The question raised

Question posed In relation to the exemption provided for in Article 7 p) of the Personal Income Tax Law: is a minimum duration of the assignment necessary?; which activities may generally benefit from the exemption in the case of service provision between a Spanish parent company and a foreign branch or a Spanish parent company and a foreign subsidiary?; in the case of service provision between group companies, is it necessary to reinvoice the cost of the assigned employee?; method of calculating the exempt income; is the exemption compatible with the receipt of per diems excepted from taxation under Article 9.A.3 of the RIRPF?

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