# continue living in Spain but working with company in Ireland



## NettyG&C (Jun 22, 2021)

Hi all,
I would love some advise and hopefully this makes sense! I live in Spain full time and working for an international company. This company has now offered me a role in Ireland for tax reasons (part of the company tax model). I have a family here in Spain and I´m unsure about moving to Ireland. I am wondering if there are ways to be a resident in Ireland, pay the tax I need to but live in Spain for the majority of time??? I´m aware of the 183 days but just curious if there are other means of paying my employee tax Ireland but living most of the time in spain. 

hopefully it makes sense
Annette


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## Bevdeforges (Nov 16, 2007)

Generally speaking there is what some call "the rule of the butt" - meaning that you are considered to be working in whatever country you are physically present in while doing the work. (Where you put your backside.) That said, where you live is usually the country that has first dibs on your taxes - and where you live/reside is very often determined by where your immediate family is living, provided you return regularly to be with them.

The theory, I guess, is that if you live in a country it's there that you are using the most public resources that are paid for through income and other taxes. In many countries, the 183 days is merely a "guide" and is tempered by other factors - including the "where your family is", where you keep most of your personal belongings, and where you have your "financial centers of interest."

Just be careful with offers like this. Employers like to transfer folks around "for tax purposes" like this but ultimately it's usually the employee who winds up having to sort things out with the various tax authorities.


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## Moulard (Feb 3, 2017)

Both countries will use their own domestic tax laws to determine if you are a tax resident. 

For what its worth, the Ireland-Spain tax treaty tie breaker rule is based on the place where effective management is situated rather than 183 days.

Do make sure you are familiar with the tax treaty.



https://www.revenue.ie/en/tax-professionals/documents/double-taxation-treaties/s/spain.pdf


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