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An ICC employee in the Netherlands asks whether their Spanish tax residence remains after ceasing to be a European official. The DGT states that ICC immunities do not affect tax residence, which will be determined according to the LIRPF criteria or the double taxation treaty with the Netherlands.
Cuestión planteada
La residencia fiscal se establece conforme a la LIRPF mediante los criterios de permanencia superior a 183 días o la ubicación del núcleo de actividades e intereses económicos. El artículo 16 del APIC no establece disposiciones sobre la residencia, por lo que se aplica la normativa interna. En caso de conflicto de residencia con los Países Bajos, se aplicarán las reglas de desempate del Convenio para evitar la doble imposición.
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