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A Belgian student asks whether they are a tax resident in Spain after moving to study. The DGT explains that although they may exceed 183 days in Spain, final residency will be determined by the double taxation treaty to avoid double taxation if there is a conflict of residence.
Cuestión planteada
Si el consultante permanece más de 183 días en España, sería residente según la LIRPF. No obstante, si también es residente en Bélgica, se aplicará el Convenio para resolver el conflicto, priorizando la vivienda permanente y, en su defecto, el centro de intereses vitales. La determinación final de la residencia es una valoración de hechos que corresponde a la Administración tributaria.
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