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A taxpayer seeks to determine their tax residency after relocating their spouse and children to Spain. The DGT explains that the family's residence may create a presumption of tax residency in Spain, subject to contrary evidence.
Cuestión planteada Lugar de tributación de los rendimientos derivados de la prestación de servicios.
Se presume la residencia habitual en España si residen habitualmente en territorio español el cónyuge no separado legalmente y los hijos menores dependientes. Esta presunción admite prueba en contrario mediante certificado de residencia fiscal en otro país. Si es residente, tributa por su renta mundial; si es no residente, solo tributa por rentas de fuente española.
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