How the DGT's position has evolved
Current position
For a residence to be considered habitual before the three-year mark, circumstances that necessarily require a change of residence must coexist. The term 'necessarily' implies an indispensable obligation or necessity independent of the taxpayer's will or convenience. Determining whether a specific situation constitutes an indispensable necessity is a matter of fact that must be resolved by the management and inspection bodies.
The DGT's position remains constant in requiring an indispensable necessity for a change of residence before three years. Throughout various rulings, the Administration has increasingly specified that situations such as sentimental breakups, lack of family space, or marriage are not sufficient in themselves if they respond to the taxpayer's will. The doctrine remains that the assessment of necessity is the responsibility of the Administration through the verification of facts.
Turning points
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Establishes that the DGT cannot assess whether the circumstances are necessary, as it is a matter of fact that must be determined by the management and inspection bodies.
Analysis based on 45 of 47 rulings with a stated position. Updated 15 September 2026.