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A worker enquired whether they maintained tax residence in Spain after signing a mobility agreement to work in Kuwait. The DGT explains that residence is determined by physical presence or the core of economic activities, and that in the event of a conflict, the Double Taxation Convention with Kuwait shall apply.
Cuestión planteada Residencia fiscal del consultante en 2018
La residencia fiscal se determina por la permanencia más de 183 días en territorio español o por radicar en España el núcleo principal de actividades o intereses económicos. Para el cómputo de la permanencia, se computan las ausencias esporádicas salvo que se acredite la residencia fiscal en otro país. Si concurren criterios de residencia en ambos Estados, se resolverá según las reglas del Convenio entre España y Kuwait.
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