When tax residence should be reviewed
Before moving to or leaving Spain, where homes, family, work or days are divided between countries, or two authorities may claim residence.
International residence is not decided by one number. We review presence, economic interests, family, housing, foreign residence certificates and the relevant tax treaty.
We define the issue before proposing a filing or procedure.
Before moving to or leaving Spain, where homes, family, work or days are divided between countries, or two authorities may claim residence.
Days, centre of interests, personal ties, treaty position, available evidence and the consequences of the move.
A reasoned conclusion, identified risks, evidence to retain and the Spanish tax actions that follow.
View a relocation case →Spain treats an individual as tax resident when any domestic residence test is met: more than 183 days in Spain during the calendar year, or the main centre or base of economic activities or interests being located in Spain. There is also a rebuttable family presumption.
Dual residence is not solved by counting days alone. The relevant tax treaty usually applies successive tie-breaker tests such as permanent home, centre of vital interests, habitual abode and nationality. The evidence must fit the real personal and economic facts.
We review the whole calendar year: physical presence, work or business, housing, family, accounts, assets and the foreign residence certificate. Spanish individual tax residence is generally determined for the full calendar year rather than split into ordinary resident and non-resident periods.
Where the move to Spain falls within Article 93 of the Personal Income Tax Law, the special regime for qualifying workers, professionals, entrepreneurs and investors may be available. The option is made on Form 149 and the conditions and deadline should be checked before relying on the regime.
Anonymised real client matters. We show the starting point and outcome without publishing information that identifies the client.
A family moving from another EU country to Spain for work needed to determine whether the special inbound expatriate regime could apply and how the wider arrival process fitted together.
Official sources: Tax residence of individuals · Spanish Tax Agency
First we assess whether action is needed. If the matter does not require professional intervention or there is a simpler route, we will say so before defining the engagement.
Give us the relevant days, home, work, family and economic connections. We organise the facts and evidence before reaching a residence conclusion.