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A taxpayer asks whether they will be tax resident in Spain working three days in France and two days working remotely in Spain. The DGT responds that, meeting the criteria of presence and maintaining their family and property in Spain, they will be subject to tax on their worldwide income.
Cuestión planteada Lugar de tributación
La residencia fiscal se determina por la permanencia más de 183 días, el núcleo de actividades o la residencia de la familia. Si existe conflicto de residencia con Francia, se aplicará el Convenio para evitar la doble imposición. En este caso, al residir habitualmente en España, el conflicto se resolvería a favor de España. Por tanto, el contribuyente tributará en España por su renta mundial.
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