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New guides on the latest Spanish tax and immigration developments.
Practical tools for informed decision-making.
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 residencia fiscal en España se determina por la permanencia de más de 183 días, el núcleo de intereses económicos en el país o la presunción por residencia del cónyuge e hijos menores. Esta última presunción admite prueba en contrario, como la posesión de un certificado de residencia fiscal emitido por las autoridades competentes de otro país. Si no concurren los criterios de permanencia o intereses económicos y se desvirtúa la presunción, no se será residente fiscal en España.
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