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The consultant asks whether they are tax resident in Spain working for a Chinese company, spending less than 183 days there and having a spouse residing in the country. The DGT explains that tax residency is determined by presence, the centre of activities, or the spouse's habitual residence if not legally separated.
Cuestión planteada Residencia fiscal del consultante.
Se es residente fiscal si se permanece más de 183 días en el año natural, si radica en España el núcleo principal de actividades o intereses económicos, o si reside habitualmente en España el cónyuge no separado legalmente. En caso de conflicto de residencia con China, se aplicará el Convenio para evitar la doble imposición entre ambos países.
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