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A German lawyer with a spouse resident in Spain asks whether he is tax-resident in Spain. The DGT explains that tax residency is determined by physical presence of over 183 days, having an activity base in Spain, or by presumption of residency if the spouse resides habitually in Spanish territory.
Question raised: Whether they would be considered a tax resident in Spain and, consequently, would have to file a Personal Income Tax return in Spain.
Tax residence is established if one remains in Spain for more than 183 days or if the main center of activities or economic interests is located in Spanish territory. The accreditation of tax residence in another country only affects the calculation of the period of stay. If residence criteria in both countries are met, the corresponding Double Taxation Convention shall apply.
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