How the DGT's position has evolved
Current position
The special regime under Article 93 of the LIRPF requires that the individual has not been a resident in Spain in the previous ten periods, that the relocation is due to an employment contract or administrator status, and that no income is obtained through a permanent establishment. The tax liability is determined according to the rules of the Non-Resident Income Tax (IRNR), allowing only the deductions provided for in Article 26 of the consolidated text of the IRNR Law. This excludes other deductions, such as those for energy efficiency improvement works.
The DGT's position remains constant regarding the requirements for access to the special regime, confirming the need for a prior labor relocation. An evolution is observed towards the precision of the applicable scenarios, including administrator status and clarifying that the voluntary termination of the employment relationship does not exclude the regime. Likewise, the limitation of the deductions applicable in determining the tax liability has been specified.
Turning points
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Clarifies that the voluntary termination of the employment relationship that motivated the relocation does not constitute grounds for exclusion from the regime.
Analysis based on 44 of 47 rulings with a stated position. Updated 10 August 2026.