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A Russian citizen asks whether he is a tax resident in Spain due to his wife and minor child residing habitually there. The DGT explains that while there is a presumption of residence based on family presence, this can be rebutted with a fiscal residence certificate from the country of origin.
Cuestión planteada Posible residencia fiscal del consultante en España.
La presencia del cónyuge y de hijos menores en España genera una presunción de residencia fiscal que admite prueba en contrario. Si el consultante acredita su residencia fiscal en otro país mediante un certificado emitido por las autoridades competentes, la presunción no resulta aplicable. Para ser residente fiscal en España deben concurrir los criterios de permanencia, núcleo de intereses económicos o la presunción familiar no desvirtuada.
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