How the DGT's position has evolved
Current position
The habitual residence requires uninterrupted residence for at least three years, except in circumstances that necessarily demand a change of domicile. This change must be mandatory and not an option based on convenience or the taxpayer's will. Registration in the municipal register (empadronamiento) or a change of tax domicile do not, in themselves, prove effective residence. The accreditation of residence is a matter of fact that must be assessed by the Administration.
The DGT's position remains constant regarding the requirement of a three-year period and the necessity for the change of domicile to be mandatory. Throughout the rulings, the Administration has increasingly specified that situations of convenience, such as lack of space or cohabitation problems, do not meet the requirement of necessity. It has been nuanced that health circumstances or psychopathological conditions could be analogous if they force the abandonment of the home in a non-voluntary manner.
Turning points
-
Introduces the possibility that a psychopathological condition may constitute an analogous circumstance if it triggers the need to abandon the home in a non-voluntary manner.
Analysis based on 56 of 57 rulings with a stated position. Updated 15 September 2026.