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V3580-20 17 December 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · residencia habitual

The competent administration for Personal Income Tax is determined by habitual residence according to successive criteria

The taxpayer asks which administration should collect her 2019 Personal Income Tax following the sale of her habitual residence. The DGT explains that competence depends on habitual residence, which is determined through criteria of permanence, center of interests, and last declared residence.

The question raised

Question raised 1.- Before which administration (state or provincial) must the Personal Income Tax return corresponding to the 2019 tax period be filed.

The DGT's ruling

Competence for the assessment of Personal Income Tax corresponds to the Provincial Council if the taxpayer has their habitual residence in the Basque Country. To determine it, the following are applied successively: the permanence criterion (greatest number of days in the tax period), the principal center of interests criterion, and finally, the last declared residence criterion. Residence is a question of fact that must be proven, and the census registration or the change of tax domicile is not sufficient.

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