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V3237-15 22 October 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · residencia fiscal

Tax residence in Spain determined by stay or economic interests, with specific rules for the Basque Country

A taxpayer seeks clarification on determining tax residence after moving from Bilbao to Madrid and subsequently working in Germany. The DGT outlines the criteria regarding physical presence and the base of activities for Spain, alongside the specific rules established by the Economic Agreement for the Basque Country.

The question raised

Question posed: Tax residence of the inquirer. In the event of being considered a tax resident in Spain, before which Administration (state or regional) must they file their income tax return.

The DGT's ruling

In Spain, residence is determined by staying more than 183 days or by having the core of activities and economic interests in Spanish territory. If a conflict with Germany exists, the Double Taxation Convention shall apply. For the Basque Country, successive rules apply: presence (counting temporary absences), center of economic interests, or last declared residence. Registration in the municipal register or tax domicile are not sufficient on their own to prove residence.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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