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A taxpayer moving from Belgium to Spain in July 2017 has enquired as to where they should file their tax return. The DGT clarifies that tax residence is determined by the full calendar year and that, should residency criteria be met in both countries, the Double Taxation Convention shall apply.
Cuestión planteada Dónde debe presentar declaraciones en dicho período.
La residencia fiscal se determina por períodos impositivos completos (año natural) sin posibilidad de fraccionamiento por cambio de residencia. Si el contribuyente cumple los criterios de residencia en España (permanencia >183 días, núcleo de intereses económicos o residencia de familiares) y también en Bélgica, el conflicto se resuelve mediante las reglas del Convenio Hispano-Belga. Si es residente en España, tributará por su renta mundial; si no lo es, solo por las rentas de fuente española.
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