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The consultant asks whether they are a tax resident in Spain in 2020 after working in Armenia and returning due to the pandemic. The DGT clarifies that residency is determined by the criteria of the LIRPF and that days spent in Spain during the COVID-19 crisis are counted.
Cuestión planteada Residencia fiscal del consultante en el período impositivo 2020.
La residencia fiscal se determina si se permanece más de 183 días en territorio español durante el año natural o si el núcleo principal de actividades o intereses económicos radica en España. En caso de conflicto de residencia con otro Estado, se aplicarán las reglas del Convenio para evitar la doble imposición correspondiente. Los días de estancia en España derivados de la situación de la COVID-19 se computan para el cálculo de la permanencia.
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