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A worker moved from Spain to France in March 2016 and asked where to file his personal income tax. The DGT replied that tax residency is determined by full fiscal periods, and if no proof of residency in France is provided, he will continue to be taxed in Spain on his worldwide income.
Cuestión planteada Dónde tendrá que liquidar el impuesto sobre la renta por el período abril a diciembre de 2016.
La residencia fiscal se determina por períodos impositivos completos (año natural) sin posibilidad de fraccionamiento por cambio de residencia. Si el contribuyente no acredita su residencia fiscal en otro país, mantendrá su condición de residente en España y tributará por su renta mundial. En caso de conflicto de residencia, se aplicará el Convenio entre España y Francia para determinar la residencia definitiva.
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