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The taxpayer asks whether income earned in France after moving there in 2016 should be included in their Spanish personal income tax return. The tax authority responds that, having spent more than 183 days in Spain during the year, they are a tax resident and must pay tax on their worldwide income.
Cuestión planteada Si en su declaración de IRPF del ejercicio 2016 en España, no debe incluir los salarios percibidos en Francia.
La residencia fiscal se determina por la permanencia más de 183 días en territorio español o por tener el núcleo de actividades económicas en España. Si se cumplen estos criterios, el contribuyente tributa por su renta mundial independientemente del lugar donde se produzca. En caso de conflicto de residencia con Francia, se aplicarán las reglas del Convenio para evitar la doble imposición.
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