[ Offshore Tax ] How is Tax Residence triggered in Portugal vs Spain?

Описание: [ Offshore Tax ] How is Tax Residence triggered in Portugal vs Spain?

As a general rule, an individual is qualified as a resident of Portugal if:
they are present in Portugal for more than 183 days, consecutive or otherwise, in any 12-month period that starting or ending in the calendar year concerned; or
they are in Portugal for a shorter period, but have a home on any day during the period mentioned in the previous subparagraph, under circumstances that imply their intention to keep and occupy such abode as their permanent residence;
they are, on 31 December of any year a crew member of a ship or aircraft operated by a resident entity;
they are performing public functions or commissions for the Portuguese state.
Moreover, an individual is qualified to be a resident of Portugal if they are a Portuguese national who moves their residence for tax purposes to a country, territory, or region subject to a clearly more favorable tax regime included in the list approved by the Ministerial Order of the member of Government responsible for the tax area, unless they prove that the change is for a valid reason, such as being seconded by their employer to perform a temporary activity.
Relevant tax provision: Article 16 of the Personal Income Tax Code (CIRS).

TIMESTAMPS:
0:00 INTRO
0:19 Tax residents in Portugal
1:28 Tax residents in Spain
3:13 OUTRO


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DERREN JOSEPH:
So tax residents, how are tax residents triggered in Portugal versus Spain? Augusto, generally speaking, how would tax residents be triggered in Portugal, please?

AUGUSTO PAULINO:
Okay. Generally, speak speaking. So, there are several criteria that can, can trigger tax sessions, but, the first one would be to spend more than 183 days in each 12-month period in the Portuguese territory, of course, you can also be considered a tax resident even if you stay less than that, that period in Portugal, if you have in Portugal the residence with the intention to, to, to, to live there on a permanent basis. Those would be the, the main, main criteria. Of course, if we are discussing the text residency between different jurisdictions, other CRA, other criteria may apply under the double text rate concluded between the different jurisdictions. So what we call the time break clauses, central fetal interest, et cetera. But generally speaking, this will be this rule.

DERREN JOSEPH:
Okay. Fantastic. Thank you, Augusto. Ricky, how are tax residents triggered in Spain?

RICKY GUTIERREZ:
Well, basically we both come from the European Union, everything. It's almost under the, under the same model under the OECD model, eh, and basically the criteria, it's pretty much the same. We have here, we have, it is based on, on three criteria. The first one obviously is the hundred 93-day rule. If you spend more than that, you are automatically considered a Spanish tax resident. And then also the, the second one would be having a, a permanent house available herein, in Spain. And also obviously, the economic interest.

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