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A query was raised regarding which Autonomous Community applies to a cash donation when the donee has resided abroad. The DGT ruled that the five-year period used to determine habitual residence does not include periods of residence abroad.
Cuestión planteada Residencia habitual a efectos de la donación.
Para determinar la residencia habitual en una Comunidad Autónoma según el artículo 28.1.1º b) de la Ley 22/2009, se cuenta el mayor número de días en el territorio durante los cinco años anteriores al devengo. No obstante, esta norma no es de aplicación si la residencia se produjo en el extranjero. En el caso planteado, la residencia sería la Comunidad de Madrid.
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