How the DGT's position has evolved
Current position
Non-residents are taxed in Spain only on their Spanish-source income. In the case of employment income, it is not considered obtained in Spain if it does not derive from a personal activity carried out in Spanish territory. Tax residence is determined by staying for more than 183 days or by the center of economic interests in Spain.
The DGT's position remains constant in the application of the criteria for tax residence and the source of income. The rulings confirm that the absence of physical activity in Spain decouples employment income from Spanish taxing power, respecting double taxation treaties.
Analysis based on 82 of 84 rulings with a stated position. Updated 27 September 2026.