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The DGT explains that domestic rules and tie-breaker criteria of the double taxation treaty should be applied to avoid double taxation in the event of a conflict between Spain and Estonia arising from the COVID-19 situation.
Cuestión planteada
La residencia fiscal se determina según la normativa interna española y el Convenio hispano-estonio. En caso de conflicto de residencia, se aplicarán los criterios del artículo 4.2 del Convenio, que incluyen la vivienda permanente, el centro de intereses vitales, la residencia habitual y la nacionalidad. Respecto a la COVID-19, se comparten las valoraciones de la OCDE sobre la aplicación de estos criterios dirimentes.
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