How the DGT's position has evolved
Current position
The exemption under article 7.p) of the LIRPF (Personal Income Tax Law) requires that the work be physically performed abroad for a non-resident entity or a permanent establishment. The destination country must have an analogous tax and must not be a tax haven, which is verified through an information exchange agreement. The calculation of the exempt portion is carried out through a proportional distribution of the days of travel over the total days of the calendar year.
The DGT's position remains constant regarding the substantive requirements of the exemption, such as the non-residency of the entity and the nature of the destination country. The evolution focuses on the technical precision of the calculation, integrating benefits in kind and defining the use of calendar year days for the proportional distribution.
Turning points
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Specifies that for the calculation of the proportional distribution, both monetary remuneration and benefits in kind may be included.
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Establishes that the period for calculating the exemption is the calendar year, relating the days of effective travel to the total days of that same year.
Analysis based on 53 of 57 rulings with a stated position. Updated 30 August 2026.