Tax residence determines in which country you must pay tax.
Correctly determining where you are a tax resident is no trivial matter. It forms the basis for all your tax liabilities. A mistake here could result in years of incorrect tax payments, penalties and disputes with two tax authorities at the same time.
Days of presence in Spain
Analysis of the day count according to Spanish regulations, including sporadic absences and temporal attribution criteria.
Center of economic activities
Evaluation of where the main economic interests are located: professional activity, investments, base of operations, and sources of income.
Days of presence in Spain
Analysis of the day count according to Spanish regulations, including sporadic absences and temporal attribution criteria.
Center of economic activities
Evaluation of where the main economic interests are located: professional activity, investments, base of operations, and sources of income.
Family situation and center of vital interests
Analysis of the family criterion as a presumption of residence and evaluation of the center of vital interests according to Article 9 of the LIRPF.
Possible cases of dual residence
Identification of residence conflicts between two states and application of the tie-breaker rules of the corresponding double taxation treaty.
Tax residence determines which income is taxed, at what rates, and with what reporting obligations. Misdefining it is the root cause of most international tax conflicts we manage.
We analyze your personal or business situation, apply the criteria of Article 9 of the LIRPF and, in the event of a conflict between two jurisdictions, the corresponding treaty. The result is a clear technical report with a well-founded conclusion and the necessary recommendations to ensure your situation is correctly documented.
You decide where to live and work. We make sure your tax situation reflects exactly that.
Is the 183-day rule enough to determine my tax residence?
No. Physical presence in Spain is the best-known criterion, but not the only one. Your center of economic interests and family situation also determine tax residence, regardless of the physical time spent in Spain.
Can I be a tax resident in two countries at the same time?
Yes, it is possible to be considered a resident in two countries simultaneously under their respective domestic regulations. In such cases, the tie-breaker rules of the corresponding double taxation treaty apply to determine in which country each type of income is taxed.
Does having family in Spain automatically make me a tax resident?
Having a spouse and dependent children in Spain triggers a legal presumption of tax residence, even if the taxpayer spends most of the year abroad. Rebutting this presumption requires active proof and appropriate documentation.
What happens if I move my tax residence out of Spain without properly documenting it?
The AEAT (Spanish Tax Agency) has tools to challenge changes of residence that it considers unverified. Without the proper documentation, the move can trigger tax audits and disputes with the tax authorities that are costly to resolve after the fact.
What does the tax residence study you perform consist of?
It is a technical report that analyzes the days of presence in Spain, the center of economic activities, the family situation, and potential dual residence conflicts between two jurisdictions. The outcome is a well-founded conclusion with the necessary recommendations to ensure your situation is correctly documented.
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