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A researcher with postdoctoral fellowships in the U.S. and a contract with a Spanish state agency inquires about their tax residency. The DGT explains that residency is determined by physical presence of over 183 days or by the economic activity centre, and potential conflicts are resolved through the Double Taxation Avoidance Agreement.
Cuestión planteada Residencia fiscal del consultante en los períodos impositivos 2020 y 2021.
La residencia fiscal se determina por la permanencia más de 183 días en España o por radicar en el país el núcleo principal de actividades o intereses económicos. Una ausencia por beca de estudios superior a 183 días no se considera esporádica y no computa para la permanencia. En caso de conflicto de residencia con EE. UU., se aplicará el Convenio para evitar la doble imposición para determinar el Estado de residencia.
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