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A worker seconded to Colombia by a Spanish company seeks clarification on their tax residence status in Spain. The DGT explains that the individual must prove their residence in Colombia to prevent their absences from being classified as sporadic, thereby avoiding taxation on their worldwide income in Spain.
Cuestión planteada Residencia fiscal del consultante en los períodos impositivos 2015 y siguientes.
La residencia fiscal se determina por la permanencia más de 183 días en España o por tener el núcleo de actividades económicas en territorio español. Si existe conflicto de residencia, se resolverá mediante el Convenio entre España y Colombia. Si el trabajador es residente en Colombia y desarrolla su trabajo allí, las retenciones practicadas en España por dicha actividad no proceden y podrá solicitar su devolución mediante el modelo 210.
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