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A taxpayer has enquired about their tax residence in Spain following the signing of a labour suspension contract. The DGT clarifies that an individual is considered a resident if they remain in Spain for more than 183 days or if the base of their economic activities is located there. Furthermore, the DGT warns that in the event of a conflict with Colombia, the Double Taxation Convention shall apply.
Cuestión planteada Residencia fiscal del consultante en los períodos impositivos 2015 y siguientes.
Se es residente fiscal en España si se permanece más de 183 días en el año natural o si radica en el país el núcleo principal de actividades o intereses económicos. Existe una presunción de residencia si residen habitualmente en España el cónyuge y los hijos menores dependientes. Si concurren criterios de residencia en España y en otro Estado, el conflicto se resolverá según las reglas del Convenio de Doble Imposición aplicable.
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