How the DGT's position has evolved
Current position
The special regime under Article 93 of the LIRPF (Personal Income Tax Law) requires that the relocation be a causal consequence of an employment contract with an employer in Spain or the acquisition of the status of administrator. The taxpayer must not have been a resident in Spain in the previous five tax periods and must not obtain income through a permanent establishment. Access to the regime is possible through teleworking using computer means, regardless of the existence of a teleworking visa under Law 14/2013.
The DGT's position remains constant regarding the requirements of causality, prior non-residency, and the absence of a permanent establishment. Clarifications have been introduced regarding the status of administrator, and it has been clarified that teleworking allows access to the regime. Likewise, the non-residency period has been updated from ten to five tax periods.
Turning points
-
Expands the scope of application by including the acquisition of the status of administrator as a cause of relocation.
-
Reduces the non-residency requirement from ten to five tax periods prior to the relocation.
-
Confirms that teleworking through telematics means allows access to the regime, without the need for a visa under Law 14/2013.
Analysis based on 42 of 42 rulings with a stated position. Updated 4 August 2026.