How the DGT's position has evolved
Current position
The exemption under article 7.p) of the LIRPF (Personal Income Tax Law) requires that the earnings derive from an employment or statutory relationship, explicitly excluding economic or professional activities. The work must be physically performed abroad for a non-resident entity or a permanent establishment abroad. The existence of an analogous tax in the destination country that is not a tax haven is required. The calculation of the exemption days includes the days of travel to the destination country or the return to Spain.
The DGT's position remains constant in excluding self-employed individuals and economic activities from this benefit. The doctrine has specified the requirements for territoriality and the nature of the employment relationship. Recently, the Supreme Court's criterion has been integrated to include travel days in the calculation of the exemption.
Turning points
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Clarifies that the term 'work' refers exclusively to earnings under article 17.1 or 17.2 of the LIRPF, excluding economic activities.
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Incorporates the Supreme Court's criterion to include travel days to the destination country or the return journey in the calculation of the exemption.
Analysis based on 37 of 44 rulings with a stated position. Updated 25 August 2026.