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New guides on the latest Spanish tax and immigration developments.
Practical tools for informed decision-making.
A Belgian citizen with an apartment in Spain and annual stays of 4 to 6 weeks asks whether they are a tax resident. The DGT explains that tax residency is determined by physical presence, the economic centre of activities, or the family's residence.
Cuestión planteada Si podría ser considerado residente fiscal en España.
La residencia fiscal se establece si se permanece más de 183 días en España, si el núcleo de actividades o intereses económicos radica en territorio español, o si residen habitualmente en España el cónyuge y los hijos menores. En caso de conflicto de residencia con Bélgica, se aplicarán las reglas de desempate del Convenio para evitar la doble imposición, priorizando la vivienda permanente o el centro de intereses vitales.
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