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V4215-16 3 October 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · residencia fiscal

Fiscal residency in Spain maintained without proof of foreign residence

A worker from a NGO providing services in Palestine and Yemen asks whether she should pay income tax or non-resident tax. The DGT responds that if she does not prove foreign fiscal residence, she remains a fiscal resident in Spain.

The question raised

Question posed: Tax residence of the applicant during the 2015 tax period: whether, for the purposes of filing a return for income received during said period, they must do so as a tax resident in Spain (filing a return as a taxpayer under Personal Income Tax) or, conversely, whether they are considered a non-tax resident in Spain and should be taxed under the Non-Resident Income Tax (IRNR).

The DGT's ruling

Tax residence is determined by staying in Spain for more than 183 days or by having the core of activities or economic interests within Spanish territory. If either of these criteria is met, the taxpayer shall be taxed on their worldwide income under the Personal Income Tax (IRPF). For absences not to be counted towards the period of stay, the taxpayer must prove their tax residence in another country.

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