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Tax residence in Spain

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12 Feb. 2014

The main factor to deem someone Resident in Spain for fiscal purposes is the criterion on the center of activities and interests. Other factors may help to tip the balance in favor.

Proving that someone has stayed in Spain more than 183 days might be difficult but if someone owns a house in Spain that can qualify as the family house (i.e., a Spanish villa compared to an apartment in UK), children go to school in Spain, is a regular member of a Golf Club in Spain, etc., the fact of being in Spain several times in a year that unlikely seems to be a holiday stay could lead to the conclusion that one is living in Spain and traveling abroad to work temporarily.

If someone also qualifies as tax resident in another country according to its domestic legislation, the Double Taxation Agreement should be consulted.

Are you concerned about your tax status in Spain? Please contact us to check your case.

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