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A German national residing in the UK has enquired whether their appointment as Managing Director of a Spanish company would make them a tax resident in Spain. The DGT indicates that, even if the 183-day physical presence criterion is not met, they could still be considered a resident if the centre of their activities or economic interests is located in Spain.
Question raised: To determine whether the individual will not be considered a tax resident in Spain during the years 2018, 2019, 2020 and 2021.
La residencia fiscal se determina por la permanencia más de 183 días en el año natural o por radicar en España el núcleo principal o la base de las actividades o intereses económicos. En caso de conflicto de residencia con Reino Unido, se aplicarán las reglas de desempate del Convenio para evitar la doble imposición entre ambos Estados. La valoración de si el núcleo de actividades se encuentra en España es una cuestión de hecho que corresponde a la inspección tributaria.
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