How the DGT's position has evolved
Current position
A resident in Spain is subject to Inheritance and Gift Tax (ISD) by personal obligation on the totality of the assets and rights received, regardless of their location. The competence of the Autonomous Community is determined by the habitual residence of the donee in Spain, which is established by the place where they have remained for the greatest number of days in the five years prior to the accrual. Assets of entities with their own legal personality are not included in the tax base if the taxpayer does not have rights of economic content over them.
The DGT's position remains constant in the application of personal obligation on worldwide income in the ISD. Rulings have refined the application of the deduction for international double taxation and the determination of habitual residence for regional competence. No changes in criterion are observed, but rather a systematic application of current regulations and treaties.
Turning points
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Specifies that habitual residence for determining regional competence is established by the place of stay for the greatest number of days in the five years prior to the accrual.
Analysis based on 57 of 60 rulings with a stated position. Updated 15 September 2026.