In its ruling of July 8, 2024, the Supreme Court once again addressed the significance of a taxpayer's economic interests in determining their fiscal residency.
The Supreme Court dismissed the taxpayer's cassation appeal and ruled that they must be taxed as a fiscal resident in Spain, affirming the validity of the Tax Agency's regularization on the grounds that the main core of their economic and personal interests was located in Spain, despite the residency certificate from the UK.
In this regard, despite the tax residency certificate from the UK, the "tie-breaker" rules set out in the Double Taxation Agreement (DTA) between Spain and the UK were applied, and the Court concluded that since the taxpayer had a permanent home in Spain, and the main core of their economic and personal activities was in this country, they should be considered a fiscal resident of Spain.
Finally, the Court emphasized that although the taxpayer earned income in several countries, the majority of their income, assets, and personal connections were concentrated in Spain, where they also had properties and vehicles registered. This strengthened the decision to consider them a fiscal resident of Spain.
The Court determines that the concept of the "main core or base of one's activities or economic interests" involves a global assessment of the taxpayer's economic activities and interests. This includes consideration of factors such as:
- The location of immovable and movable property.
- The place from which this property is managed and administered.
- The income earned in different countries.
Access the full decision HERE