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A person resident in Andorra working for a third party in Spain seeks advice on their tax residency. The DGT explains that tax residency is determined by presence in Spain for more than 183 days or by having the main economic activities or economic interests in Spain.
Cuestión planteada Residencia fiscal de la consultante.
La residencia fiscal se establece si se permanece más de 183 días en territorio español o si radica en España el núcleo principal o la base de las actividades o intereses económicos. La acreditación de la residencia en otro país solo afecta al criterio de permanencia, pero no exime si se cumple el criterio de actividades o intereses económicos. Si concurre cualquiera de estos supuestos, el contribuyente tributará por su renta mundial.
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