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A Canadian couple asks whether they are tax residents in Spain or Canada, as they will spend between 6 and 9 months in Spain each year. The DGT explains that residency is first determined by domestic law, then by the tie-breaking rules of the Double Taxation Agreement.
Cuestión planteada
Si permanecen más de 183 días en España durante el año natural, serán residentes fiscales en España según la LIRPF. Si existe conflicto de residencia por aplicar ambos Estados, se debe determinar el centro de intereses vitales (relaciones personales y económicas más estrechas). Si no se puede determinar dicho centro, se aplicará el criterio de residencia habitual y, en última instancia, el de nacionalidad.
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