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A US tax resident receiving a Spanish Social Security pension and having IRNR withheld asks about taxation and refund eligibility. The DGT identifies two scenarios based on the Spain-US CDI: if the pension is public (services rendered to the Spanish State), Spain taxes exclusively, except for US nationals or immigrants; if it is a private pension paid by Social Security, tax powers are shared. In both cases, if IRNR withholdings were correctly applied, no refund is due in Spain; if there is an over-withholding, a Form 210 may be filed.
The tax team reviews your specific situation.
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