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V2706-16 15 June 2016 · SG de Fiscalidad Internacional Criterion in force
IRPF · residencia fiscal

Tax residence in Spain is determined by stay or activity base and may be resolved by treaty

A resident of Romania moving to Spain to provide professional services seeks clarification on whether they will be considered a tax resident in Spain during 2014. The DGT explains the criteria for residency and how double taxation treaties resolve residency conflicts.

The question raised

Question raised: Taxation in Spain via IRPF or IRNR

The DGT's ruling

One is a tax resident in Spain if one remains for more than 183 days in the calendar year or if the core of economic activities is located in Spanish territory. In the event of a conflict of residence with Romania, the treaty shall apply to determine the State of residence through criteria of permanent home, center of vital interests, or habitual residence. If one is a tax resident in Spain, one shall be taxed on worldwide income, and the IRNR withholdings applied during the change of residence shall be considered advance payments of the IRPF.

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