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V2055-20 ·23 June 2020 ·consulta-vinculante Medium impact
Tax

Tax residency in Spain depends on physical presence, activity base or spouse's residency

A German lawyer with a spouse resident in Spain asks whether he is tax-resident in Spain. The DGT explains that tax residency is determined by physical presence of over 183 days, having an activity base in Spain, or by presumption of residency if the spouse resides habitually in Spanish territory.

In 6 key points

How it affects those involved

Individuals with spouses residing in Spain may be subject to Spanish tax residency based on presence, activity base, or spouse's habitual residence.

Lifecycle

2020-06-23PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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