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A taxpayer moving their tax residence from Spain to Mexico has enquired which regulations apply to assets held in Spain. The DGT has ruled that, as the taxpayer resides in a third country outside the EU or EEA, they are subject to tax via real obligation under state regulations.
Cuestión planteada Normativa aplicable en el Impuesto sobre el Patrimonio.
Los contribuyentes no residentes en la Unión Europea o el Espacio Económico Europeo no pueden aplicar la normativa de la Comunidad Autónoma donde radique el mayor valor de sus bienes. Al no ser residentes en España ni en la UE/EEE, la normativa aplicable es la del Estado. La Administración competente para la exacción es la Administración Central del Estado.
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