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A Dutch citizen with a family resident in Spain and work distributed across three countries seeks clarification on their tax residency. The DGT states that since their spouse and children reside in Spain, there is a presumption of fiscal residency in Spanish territory.
Cuestión planteada Residencia fiscal del consultante.
Se presume la residencia habitual en España cuando el cónyuge no separado legalmente y los hijos menores dependientes residan habitualmente en el país. Para el cómputo de la permanencia de 183 días, se computan las ausencias esporádicas salvo que se acredite la residencia fiscal en otro país. En caso de conflicto de residencia con otros Estados, se aplicarán las reglas de los Convenios para evitar la doble imposición.
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