How the DGT's position has evolved
Current position
The habitual residence requires continuous residence of at least three years. An exception to this period is admitted under exceptional and justified circumstances, such as a job transfer, provided that the change is a necessity and not an option for the taxpayer. Effective residence must be proven through means of evidence, as registration in the municipal register (empadronamiento) or the tax domicile do not, by themselves, prove habitual residence.
The DGT's position remains stable regarding the definition of habitual residence based on the three-year period and the exception for job transfers. The evolution shows a tightening of evidentiary requirements, specifying that the change of residence must be an obligation and not a convenience. The most recent rulings emphasize that registration in the municipal register is not sufficient proof of effective residence.
Turning points
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Specifies that the job transfer must be an obligation and not an option or convenience of the taxpayer to exempt the three-year period.
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Establishes that registration in the municipal register or the change of tax domicile do not, by themselves, prove the effective residence required for the exemption.
Analysis based on 52 of 55 rulings with a stated position. Updated 17 September 2026.