How the DGT's position has evolved
Current position
Habitual residence is determined as a matter of fact that must be proven through valid legal means; registration in the municipal register (empadronamiento) or the tax domicile are not sufficient. In Inheritance Tax (ISD), it is defined by the place where the deceased remained for a greater number of days during the five years prior to the accrual. For the presumption of residence, a taxpayer is considered to reside in Spain if their non-separated spouse and minor children habitually reside in Spanish territory.
The DGT's position is stable regarding the nature of habitual residence as a matter of fact that requires material proof. Throughout the rulings, the requirement to certify the reality of a change of domicile beyond administrative records has been maintained. The doctrine has been applied consistently in various scenarios such as geographic mobility, housing deductions, or inheritances.
Turning points
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Defines the temporal criterion for habitual residence in Inheritance Tax (ISD) based on majority stay during the five years prior to the accrual.
Analysis based on 34 of 38 rulings with a stated position. Updated 16 August 2026.