How the DGT's position has evolved
Current position
The application of Double Taxation Conventions (DTC) prevails over domestic regulations to determine the taxing power of States. In cases of real estate income, the DTC may allow for shared taxation, but property taxes (such as the IMU) are not considered income taxes. For social security benefits or pensions, exemption or taxation depends on the nature of the service provided and compliance with specific contribution periods.
The DGT's position is heterogeneous because each ruling analyzes a different convention and a different type of income, without showing a single doctrinal shift. The authority limits itself to applying the hierarchy of norms where the DTC prevails over the LIRPF (Personal Income Tax Law) or the TRLIRNR (Non-Resident Income Tax Law). There is no linear doctrinal evolution, but rather a technical and specific application of international treaties according to the concrete case.
Analysis based on 64 of 66 rulings with a stated position. Updated 9 August 2026.