How the DGT's position has evolved
Current position
To access the special regime under Article 93.1 of the LIRPF (Personal Income Tax Law), the taxpayer must have been a non-resident in Spain during the five previous tax periods. The relocation must derive from an employment contract or from the status of an administrator, maintaining a causal relationship. The obtaining of income through a permanent establishment in Spanish territory is not permitted.
The DGT's position has moved from requiring ten years of non-residency to reducing this period to five years, as observed in the transition from ruling V2307-20 to V2416-23. Subsequently, the doctrine has been refined to allow the continuity of the regime in the event of employment termination (V2737-23 and V1208-25) and to include teleworking as a valid activity (V2460-25).
Turning points
-
Establishes that the voluntary termination of the employment relationship that motivated the relocation does not constitute grounds for exclusion from the regime.
-
Confirms that the lack of a visa for teleworking does not prevent access to the regime if the activity is performed remotely through telemetric means.
Analysis based on 35 of 41 rulings with a stated position. Updated 7 August 2026.