How the DGT's position has evolved
Current position
To qualify for the exemption under article 7.p) of the LIRPF (Personal Income Tax Law), the work must be effectively performed abroad for a non-resident entity or permanent establishment. In intra-group services, there must be a provision that produces an advantage or utility to the non-resident entity pursuant to article 18 of the LIS (Corporate Income Tax Law). Furthermore, the destination country must apply an analogous tax and must not be a tax haven.
The DGT's position remains constant in requiring that intra-group services produce an advantage or utility to the non-resident entity. Throughout the rulings, it has been reiterated that activities carried out by the parent company for its own interest as a shareholder do not constitute intra-group services. The doctrine is stable in the application of the LIS requirements to validate the exemption.
Analysis based on 10 of 10 rulings with a stated position. Updated 29 September 2026.