Lawyer specializing in tax residency in Spain
At Rodríguez Tur Abogados, we have a team of tax lawyers specialized in the analysis of fiscal residence in Spain. This aspect is crucial to determine whether you must pay taxes in the country on all your income, both national and international, or only on income generated within Spain.
Our service is aimed at both residents and foreigners who wish to settle in Spain and need advice on their immigration rights and tax obligations. We take care of studying your personal and professional situation, examining criteria such as the number of days spent in Spain, your center of economic interests, or your family unit, to accurately determine your Spanish fiscal residence.
What is Fiscal Residence in Spain?
Fiscal residence in Spain is the legal criterion that determines whether a person must pay taxes in the country on their total income, both domestic and foreign. It is mainly regulated by Article 9 of the Personal Income Tax Law (IRPF), and its correct determination is essential to avoid sanctions, surcharges, and issues of double international taxation.
There are three fundamental criteria that the Tax Agency (Agencia Tributaria) uses to consider someone a Spanish tax resident:
- Duration of Stay: Having spent more than 183 days in Spanish territory within a calendar year.
- Center of Economic Interests: If the main center of your economic activities or investments is located in Spain.
- Family Ties: The presumption of fiscal residence applies if your legally non-separated spouse and/or minor children are financially dependent on you and reside habitually in Spain.
Why hire a lawyer specializing in fiscal residence in Spain?
Correctly determining your fiscal residence in Spain can make the difference between taxing correctly or facing penalties and claims from the Tax Agency (Agencia Tributaria). Many individuals, expatriates, or foreign professionals are unaware of the exact criteria that define fiscal residence, leading to unnecessary doubts and risks.
A lawyer specializing in fiscal residence in Spain helps you to:
- Analyze your personal and professional situation in accordance with current regulations.
- Evaluate if you meet the criteria of duration of stay, economic interests, or family ties.
- Define your status as a fiscal resident or non-resident, avoiding conflicts with other jurisdictions.
- Process the fiscal residence certificate in Spain, an essential document to certify your status before the Tax Agency and take advantage of double taxation agreements.
- Design a personalized tax strategy to optimize your taxation, whether you generate income in Spain or abroad.
Analysis of your personal and fiscal situation
We evaluate your case individually, reviewing criteria such as duration of stay, center of economic interests, and family ties, to correctly determine your Spanish fiscal residence and avoid risks with the Tax Agency (Agencia Tributaria).
Obtaining the fiscal residence certificate in Spain
We handle the application process for the fiscal residence certificate in Spain, an official document that certifies your status and is key to applying double taxation agreements and defending your situation before Hacienda (Tax Agency).
Advice on immigration rights
We provide specialized advice on immigration rights, ensuring that your move or stay in Spain complies with both immigration laws and the corresponding tax obligations. Our team assists individuals, families, and companies with residence permits, visas, work authorizations, and nationality procedures.
Personalized tax planning
We design a customized strategy to optimize your taxation, reducing unnecessary burdens and aligning your obligations with Spanish and international tax laws, always with a preventive approach.
Representation in procedures with the tax agency
We represent you in verification or inspection procedures related to your fiscal residence in Spain, presenting evidence and legal arguments to support your position.
Prevention of double international taxation
We analyze your income across different countries and correctly apply international tax treaties to avoid double taxation, ensuring you are not taxed twice on the same income.
Frequently asked questions about fiscal residence in Spain
The fiscal residence certificate in Spain is an official document issued by the Tax Agency (Agencia Tributaria) that certifies your tax residency status. It is essential for applying international double taxation agreements and proving to other countries where you are actually taxed.
If you are considered a fiscal resident in Spain, you will be taxed on your global income under the Personal Income Tax (IRPF), including both income earned in Spain and abroad. This means you will need to file annual tax returns and, in some cases, report assets located outside of Spain.
Yes, any foreigner who meets the criteria of duration of stay, economic interests, or family ties can be considered a fiscal resident in Spain, regardless of their nationality or immigration status.
Incorrectly declaring your fiscal residence in Spain can lead to penalties, surcharges, and even inspection procedures. Additionally, you could face double international taxation if another country also claims your fiscal residence.
Don't wait any longer
Contact our tax lawyers in Ibiza today.
Tell us about your case, and we will evaluate the best strategy to win.
