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A Ministry of Defence official seconded to NATO in Brussels seeks clarification on their Spanish tax residency status, as their family and economic interests are based in Belgium. The Directorate General for Taxes (DGT) indicates that they do not appear to be a tax resident, though the final decision depends on the Administration's assessment of the facts.
Cuestión planteada Residencia fiscal.
La residencia fiscal se determina por la permanencia más de 183 días en España o por tener el núcleo de actividades o intereses económicos en territorio español. En el caso de personal de la OTAN, los periodos de estancia por su condición de miembro no computan como residencia para efectos de imposición en el Estado receptor. No obstante, la determinación de si el núcleo de intereses económicos reside en España es una valoración de hecho que corresponde a la Inspección.
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