Tax · Tax residence · IRPF

Tax residence in Spain: the 183 days, your centre of interests and what it means for IRPF

Whether you are a Spanish tax resident is decided by article 9 of the personal income tax law, not by the type of residence card you hold. It determines whether you are taxed on your worldwide income or only on what you earn in Spain. Here is what the text of the law says on the criteria, the return and the rates.

Information based on arts. 2, 5, 8, 9, 12, 63, 74, 93 and 96 of Ley 35/2006 (LIRPF), arts. 1, 5 and 25 of the TRLIRNR (Real Decreto Legislativo 5/2004) and Orden HAC/277/2026

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Tax residence and your residence permit are two separate tests

The law calls taxpayers of IRPF (contribuyentes) the individuals whose habitual residence is in Spanish territory (art. 8.1.a LIRPF). The criteria for that habitual residence are in art. 9. The type of residence permit is not among them: what counts is days, the centre of interests and family.

Two tests in art. 9.1: either one is enough

The law says «any of the following circumstances» (cualquiera de las siguientes circunstancias). The tests are alternatives: you do not need to meet both.

TestWhat the law says
183 days (art. 9.1.a)Staying more than 183 days in Spain in the calendar year. Sporadic absences count as time spent in Spain unless you prove tax residence in another country.
Centre of interests (art. 9.1.b)The core or base of your activities or economic interests is in Spain, directly or indirectly.
Family (art. 9.1, last paragraph)A rebuttable presumption: you are presumed resident if your spouse (not legally separated) and dependent minor children habitually live in Spain.
§Art. 9.1.a LIRPF: «Que permanezca más de 183 días, durante el año natural, en territorio español. Para determinar este período de permanencia en territorio español se computarán las ausencias esporádicas, salvo que el contribuyente acredite su residencia fiscal en otro país.»
§Art. 9.1.b LIRPF: «Que radique en España el núcleo principal o la base de sus actividades o intereses económicos, de forma directa o indirecta.»
✗ Common mistake
«I spend fewer than 183 days in Spain, so I am not a resident.» Not necessarily: the centre-of-interests test and the family presumption work regardless of the day count. For countries treated as tax havens (paraíso fiscal), the law allows the tax authority to require proof of 183 days of presence there in the calendar year.
ℹ Family in Spain, you elsewhere: how to rebut the presumption
If you spend fewer than 183 days a year in Spain and the centre of your interests is abroad, but your spouse and minor child live here, the family presumption applies. In consultation V2825-20 of 18.09.2020, binding on the tax administration (art. 89.1 LGT), the Directorate-General for Taxes (DGT) answered a Russian citizen in that position: the presumption can be rebutted, and the rebuttal is a certificate of tax residence in another country issued by the competent authorities; if the 183-day and centre-of-interests criteria are also not met, he is not treated as a tax resident of Spain. The conclusion rests on the facts of that query: the applicant had no property, accounts or income in Spain, and all his activity was in Russia.

Tax year and when the tax accrues

The IRPF tax period is the calendar year and the tax accrues on 31 December (art. 12 LIRPF). Residence status is determined for the whole year; the law provides for a period shorter than the calendar year only on death (art. 13).

IRPF versus non-resident income tax (TRLIRNR)

Non-resident income tax (IRNR) taxes income obtained in Spanish territory by people who are not residents (art. 1 TRLIRNR). A non-resident pays IRNR unless they are an IRPF taxpayer (art. 5.a TRLIRNR).

IRPF (resident)IRNR (non-resident)
What is taxedThe taxpayer's income: earnings, capital gains and losses, wherever they arose (art. 2 LIRPF)Income obtained in Spanish territory (art. 1 TRLIRNR)
RateProgressive scale, see belowGeneral rate 24%; 19% if you are resident in another EU or EEA state with effective exchange of tax information (art. 25.1.a TRLIRNR)
ℹ Double taxation treaties
Art. 5 LIRPF: the law applies without prejudice to international treaties and conventions that form part of Spanish domestic law. Whether a treaty with a specific country applies depends on the treaty itself and is not analysed here.
Separately from treaties, art. 80 LIRPF provides a deduction for international double taxation. Where a resident’s income includes earnings or capital gains obtained and taxed abroad, the lower of two amounts is deducted: the tax actually paid abroad under a tax of identical or similar nature to IRPF or IRNR, and the result of applying the average effective rate to the part of the taxable base taxed abroad.

The return: deadline and who must file

The deadline is set each year by an order of the Ministry of Finance. For the 2025 return (Orden HAC/277/2026, art. 7) the period for filing the draft and the return ran from 8 April to 30 June 2026 inclusive. That campaign is closed. The dates for the 2026 campaign will be set by a separate order: check them at sede.agenciatributaria.gob.es.

The law leaves the duty to file to the regulations and limits it in art. 96. You do not have to file if your income comes exclusively from these sources:

  • Employment income only, up to €22,000 a year (art. 96.2.a). With more than one payer the limit is €15,876, and it goes back to €22,000 if what you receive from the second and later payers does not exceed €1,500 (art. 96.3.a).
  • Investment income and gains subject to withholding: up to €1,600 a year combined (art. 96.2.b).
  • Always required to file: anyone who was registered as self-employed (autónomo) at any time in the year (art. 96.2, last paragraph), and those entitled to a deduction for international double taxation, among other cases (art. 96.4).
ℹ Limits can change
Art. 96.9 allows these limits to be changed by the State Budget Law, and art. 96.3 has been amended several times in recent years. The figures match the consolidated text on the date of review. Check current limits and forms at sede.agenciatributaria.gob.es.

General-base rates: what the law says

The general taxable base is taxed using the scale in art. 63 LIRPF. This is the state part of the scale. The regional scale in art. 74 is added on top, approved by each autonomous community, so the final rate depends on where you live and is not given here.

Slice of general taxable baseState scale rate
up to 12,450 €9.5 %
from 12,450 € to 20,200 €12 %
from 20,200 € to 35,200 €15 %
from 35,200 € to 60,000 €18.5 %
from 60,000 € to 300,000 €22.5 %
over 300,000 €24.5 %

The scale applies to the part exceeding the personal and family minimum (mínimo personal y familiar), with the adjustment in art. 63.1.2.º. Savings income (capital income and gains on disposals, art. 46) has a different scale that is not covered here.

The personal and family minimum itself is not taxed. Under art. 57 LIRPF the taxpayer minimum is €5,550 a year, plus €1,150 above age 65 and a further €1,400 above 75. Under art. 58 the minimum for descendants applies to each descendant under 25, or with a disability, who lives with you and has annual income of no more than €8,000: €2,400 for the first, €2,700 for the second, €4,000 for the third and €4,500 for the fourth and each after, plus €2,800 for each child under three. The minimums for ascendants and for disability (arts. 59 and 60) are not covered here.

The impatriate regime (art. 93 LIRPF)

If you have moved to Spain and the conditions are met, the law lets you opt to be taxed under the IRNR rules while remaining an IRPF taxpayer. The conditions as written in art. 93.1:

§Art. 93.1 LIRPF: «…podrán optar por tributar por el Impuesto sobre la Renta de no Residentes, con las reglas especiales previstas en el apartado 2 de este artículo, manteniendo la condición de contribuyentes por el Impuesto sobre la Renta de las Personas Físicas…»
  • Five years as a non-resident: you were not resident in Spain in the five tax periods before the year of the move (letter a).
  • Reason for the move (letter b): an employment contract, including remote work as an employee, expressly for holders of the teleworking visa under Ley 14/2013; becoming a company director (administrador); an entrepreneurial activity under art. 70 of Ley 14/2013; a highly qualified professional (start-ups, training, R&D&I) whose pay from that activity exceeds 40% of total earnings.
  • No permanent establishment (letter c), except for entrepreneurs and highly qualified professionals.
  • Duration: the year you change residence and the five following tax periods.
  • Rates: 24% up to €600,000 of base and 47% from €600,000.01 (art. 93.2.e.1.º); withholding on employment income of 24%, and 47% on the part above €600,000 from the same payer (art. 93.2.f).
  • Wealth tax: whoever opts is subject to the Impuesto sobre el Patrimonio by obligación real.
  • Family: a spouse and children under 25 (any age if disabled) can opt in on the conditions of art. 93.3.
⚠ What is not covered here
The procedure for exercising the option is set by the Ministry of Finance (art. 93.1, last paragraph), and we do not reproduce the regulatory requirements. The tax side of each digital nomad, entrepreneur and researcher route is covered separately: taxes for digital nomads.
✓ Key takeaway
Tax residence depends on three things: days in Spain, the centre of economic interests and family, not the type of card. A resident pays IRPF on a progressive scale, a non-resident pays IRNR at a general rate of 24% or 19%. People who move to Spain have a special option under art. 93, with strict conditions. Check current dates, limits and forms at sede.agenciatributaria.gob.es.

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