How the DGT's position has evolved
Current position
The special regime under Article 93 of the LIRPF (Personal Income Tax Law) requires a causal link between the posting and the commencement of the employment relationship with an employer in Spain. Taxpayers must submit a single tax return, either Form 151 or Form 100, without the possibility of taxing income in parts. Having two payers does not exclude the regime, except in the case of professional athletes.
The DGT's position remains stable regarding the requirements for access and the nature of the regime. Recent rulings have clarified operational aspects such as the uniqueness of the tax return and the management of multiple payers, without altering the doctrinal basis established in previous years.
Turning points
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Clarifies that the voluntary termination of the employment relationship that motivated the posting to start a new relationship with one's own company does not exclude the regime.
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Establishes the impossibility of taxing in parts (special regime and general regime) within the same period and confirms that having two payers is not grounds for exclusion, except for professional athletes.
Analysis based on 31 of 31 rulings with a stated position. Updated 24 September 2026.