Doctrine by topic · DGT Observatory

Multi-currency Clause: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

← DGT Observatory

How the DGT's position has evolved

Settled doctrine High confidence 8 rulings · 2019–2025

Current position

The restitution of amounts due to the nullity of the clause does not constitute income. If these amounts were part of the deduction for investment in the primary residence, the situation must be regularized according to article 59 of the RIRPF. Legal interest is compensatory in nature and is taxed as a capital gain in the general taxable base. The award of legal costs only generates a capital gain if the amount received exceeds the legal defense expenses.

The DGT's position remains constant regarding the treatment of the restitution of the principal, which is not income. A progressive precision is observed regarding the treatment of legal costs, clarifying that there is only a capital gain if there is an excess over defense expenses. Likewise, the criterion has been unified stating that legal interest is taxed as a capital gain in the general taxable base.

Turning points

  1. V2217-21

    Introduces the precision that legal costs are only considered a capital gain to the extent that they exceed the legal defense expenses incurred.

Analysis based on 6 of 8 rulings with a stated position. Updated 13 October 2026.

Rulings on this topic

8

Apply this to your case

Beckham Law & impatriate taxationTalk to the team applying this doctrine daily.
IRPF Spain 2026 CalculatorEstimate the impact on your case in two minutes.
Talk to the tax teamWe check whether this criterion affects you and what it means in your situation.

Apply this to a real case

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

Book a meeting Write to the firm
Email
Contact