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A British national spending more than 183 days in Spain and owning property in both countries seeks clarification on their tax residency. The DGT states that under Spanish law, they are resident by presence, but in the event of a conflict with the UK, the Double Taxation Convention must apply to avoid double taxation.
Cuestión planteada
En España, se es residente fiscal si se permanece más de 183 días en el año natural o si radica el núcleo de actividades económicas. Si existe conflicto de residencia con el Reino Unido por tener vivienda en ambos, se debe determinar el Estado con relaciones personales y económicas más estrechas (centro de intereses vitales). Si esto no se puede determinar, se aplicará el criterio de residencia habitual o, en su defecto, la nacionalidad.
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