How the DGT's position has evolved
Current position
The habitual residence requires effective, uninterrupted, and continued residence for at least three years. Registration in the municipal register (empadronamiento) or a change of tax domicile do not, by themselves, prove effective residence. Exceptions are admitted for justified circumstances that require a change of domicile, but the transfer must take place after fulfilling the three-year period from the start of the effective residence.
The DGT's position remains constant regarding the requirement of three years of continued residence for the reinvestment exemption. The evolution shows a tightening in the assessment of evidence, specifying that registration in the municipal register is not sufficient to prove effective residence. No changes are observed in the concept of habitual residence, but rather a greater requirement in proving the reality of the residence.
Turning points
-
Establishes that registration in the municipal register or a change of tax domicile do not, by themselves, prove effective residence.
Analysis based on 56 of 60 rulings with a stated position. Updated 17 September 2026.