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A taxpayer has enquired whether they were a tax resident in Spain in 2018 after spending part of the year in England. The DGT has ruled that if the stay abroad constitutes a temporary absence, it must be counted as time spent in the habitual territory of residence to determine the tax administration's jurisdiction.
Cuestión planteada 1.- Si, en el período impositivo 2018, es residente fiscal en España o no.
La residencia fiscal en España se determina por la permanencia más de 183 días o por el núcleo de intereses económicos. Para determinar la competencia entre la administración estatal o foral, se aplica el criterio de permanencia en el territorio, computando las ausencias temporales. Si el contribuyente reside en el País Vasco y su estancia en el extranjero es una ausencia temporal, dicha estancia computa como permanencia en el territorio foral.
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