How the DGT's position has evolved
Current position
The accreditation of taxable events or capital losses must be carried out through any means of proof admitted under Law. The management and inspection bodies are responsible for assessing the sufficiency and validity of said means. Mere accounting entries or declarations are not sufficient to prove certain facts, such as the degree of business use or habitual residence.
The DGT's position has remained constant over time, reaffirming that the principle of free and joint assessment of evidence applies. Throughout the rulings, it has been reiterated that the Administration has the power to assess the sufficiency of the means provided. No doctrinal changes are observed, but rather the application of the same principle to different factual scenarios.
Turning points
-
Establishes that to prove the degree of business use, neither the tax return nor the mere accounting of the asset will suffice.
-
Specifies that simple registration in the municipal register (empadronamiento) does not in itself constitute a sufficient element to prove habitual residence or dwelling.
Analysis based on 41 of 41 rulings with a stated position. Updated 15 September 2026.