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A worker relocated to Germany seeks advice on her Spanish tax residency, foreign work exemption, and housing deduction. The DGT clarifies that her Spanish residency will depend on whether she can prove tax residency in Germany, and that the foreign work exemption requires meeting specific conditions relating to the employer.
Cuestión planteada Residencia fiscal de la consultante.
La residencia fiscal se determina por la permanencia de más de 183 días en España o por el núcleo de intereses económicos. Para aplicar la exención por trabajos en el extranjero, es necesario ser residente fiscal en España, que el trabajo se realice para una entidad no residente y que se cumplan los requisitos de la LIRPF. Respecto a la vivienda habitual, si se deja de residir en ella para trasladarse al extranjero, se incumple el requisito para la deducción bajo el régimen transitorio.
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