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A British citizen asks whether she will be a tax resident in Spain after staying between 180 and 274 days annually. The DGT explains that residency is determined by domestic law, and in case of conflict with the double taxation treaty, by the centre of vital interests.
Cuestión planteada
Se es residente fiscal en España si se permanece más de 183 días en el año natural o si radica en el país el núcleo de actividades o intereses económicos. Si existe conflicto de residencia con el Reino Unido, se aplicará el Convenio para determinar el centro de intereses vitales (relaciones personales y económicas más estrechas). Si no se determina el centro de intereses, se recurrirá a la residencia habitual o a la nacionalidad.
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