How the DGT's position has evolved
Current position
The exemption under article 7 p) of the LIRPF (Personal Income Tax Law) requires that the work be effectively performed abroad for a non-resident entity in a country with an analogous tax and that it is not a tax haven. This regime is incompatible with the exemption for excess compensation under article 9.A.3.b) of the RIRPF (Personal Income Tax Regulation). The calculation of the non-specific portion is carried out through proportional distribution by days of the year, with a limit of 60,100 euros.
The DGT's position remains constant in the interpretation of the requirements for the exemption under article 7 p) of the LIRPF and its incompatibility with the excess compensation regime. The calculation methodology based on the proportional distribution of non-specific remuneration and the 60,100 euro limit has been maintained. No doctrinal changes are observed, but rather a reiteration of the requirements regarding territoriality and the residence of the entity.
Analysis based on 15 of 18 rulings with a stated position. Updated 25 September 2026.