How the DGT's position has evolved
Current position
The exemption under article 7.p) of the LIRPF requires that the work be performed for a non-resident entity in a territory where an analogous tax applies and which is not a tax haven. Likewise, the 50% reduction regime of the DA 53ª LIRPF is excluded if the economic rights derive, directly or indirectly, from an entity resident in a non-cooperative jurisdiction. The classification of the jurisdiction is determined according to current regulations, such as Order HFP/115/2023.
The DGT's position remains stable in the application of the non-tax haven requirements for IRPF exemptions. The doctrine has moved from analyzing the nature of the entity or the application of treaties (as in the case of Panama) to focusing on the traceability of economic rights to prevent the exclusion of tax benefits through intermediate structures.
Turning points
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Establishes that the exclusion of the 50% reduction of the DA 53ª LIRPF applies even if there is a restructuring that interposes a fund in a third country, provided that the underlying economic rights derive from a non-cooperative jurisdiction.
Analysis based on 51 of 56 rulings with a stated position. Updated 15 September 2026.