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A consultant residing in France with a Spanish Social Security pension has enquired about where their income should be taxed. The DGT explains that the key is to determine their tax residence and apply the Double Taxation Convention.
Cuestión planteada Dónde tiene que declarar y tributar por los ingresos derivados de dicha pensión.
Si es residente fiscal en España, tributará por su renta mundial en el IRPF, integrando la pensión como rendimiento del trabajo. Si es no residente, la pensión de fuente española solo tributará en España si es una pensión pública según el Convenio, o solo en Francia si no lo es. En el caso de que sea una pensión no pública y el beneficiario resida en Francia, la renta estará exenta en el IRNR.
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