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A Spanish civil servant of Swiss nationality seeks clarification on her tax residence after moving to Switzerland for family reasons. The DGT explains that residence is determined by staying more than 183 days or by the centre of economic interests, and that in the event of a conflict with Switzerland, the Double Taxation Convention will apply.
Cuestión planteada A efectos de la imposición sobre la renta: residencia fiscal de la consultante.
La residencia fiscal en España se determina por la permanencia más de 183 días en el año natural, computando las ausencias esporádicas salvo que se acredite la residencia en otro país, o por tener el núcleo de actividades o intereses económicos en territorio español. Si concurren criterios de residencia en ambos Estados, el conflicto se resuelve mediante las reglas del Convenio Hispano-Suizo, priorizando la vivienda permanente o el centro de intereses vitales.
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