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A taxpayer residing in Kuwait for work purposes has enquired how their Spanish tax residence is determined. The DGT clarifies that Spanish domestic law must be applied, or the Double Taxation Convention with Kuwait in the event of dual residence.
Cuestión planteada Residencia fiscal.
La residencia fiscal en España se determina por la permanencia más de 183 días en el año natural, computando las ausencias esporádicas salvo que se acredite residencia en otro país. También se considera residente si el núcleo principal o la base de las actividades o intereses económicos radica en España. Si la ausencia fuera de España es prolongada y superior a 183 días, no puede reputarse esporádica.
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