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V0230-15 21 January 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · residencia fiscal

Fiscal treatment cannot be determined due to lack of information on investment type

A Spanish tax resident enquires about the IRPF treatment of US investment liquidations. The DGT states that no fiscal treatment can be determined as the type of assets to be liquidated is not specified.

The question raised

Tax treatment under Personal Income Tax (IRPF).

The DGT's ruling

As the type of investments and assets in the United States is not specified, it is not possible to indicate their tax treatment under Personal Income Tax (IRPF). However, a tax resident in Spain is taxed on their worldwide income, regardless of where the income is generated. The income obtained shall be classified and quantified according to its origin in accordance with the Personal Income Tax Law.

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