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A German taxpayer enquiries about their tax residency status in Spain as their spouse and children reside permanently in Spain. The DGT explains that residency is determined by 183 days of presence, the economic centre of activities, or by presumption based on the spouse and minor children's residence.
Cuestión planteada Residencia fiscal del consultante.
La residencia fiscal se establece si se permanece más de 183 días en España, si el núcleo de actividades o intereses económicos radica en el país, o si reside habitualmente en España el cónyuge no separado legalmente y los hijos menores dependientes. La acreditación de residencia en otro país solo afecta al criterio de permanencia de 183 días. En caso de conflicto de residencia, se aplicará el Convenio entre España y Alemania.
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