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A taxpayer residing in both Spain and the USA seeks clarification on which country has taxing rights over their worldwide income. The DGT explains that tax residence is governed by domestic law and Double Taxation Conventions, noting that in cases of conflicting residence, the availability of a permanent home is a key criterion.
Cuestión planteada Tributación de los rendimientos obtenidos.
La residencia fiscal en España se determina por la permanencia más de 183 días, el núcleo de actividades o intereses económicos, o la residencia de la familia. Si existe conflicto de residencia según el Convenio con EE. UU., se considerará residente donde tenga una vivienda permanente a su disposición. Si tuviera vivienda en ambos, se aplicará el criterio de relaciones personales y económicas más estrechas.
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