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A Spanish tax resident asks whether the exemption for work abroad applies when working for a Malta-based company with a branch in the Czech Republic. The DGT states that the exemption applies if the conditions of displacement, the nature of the employer, and the tax regime of the destination country are met.
Question raised 1.- Whether the exemption regulated in Article 7 p) of the Personal Income Tax Law is applicable.
To apply the exemption under Article 7 p) of the Personal Income Tax Law (LIRPF), the work must be effectively performed outside of Spain and for a non-resident entity or a permanent establishment abroad. The exemption applies to remuneration accrued during the days of stay abroad, with an annual limit of 60,100 euros. It is not necessary for the income to have been effectively taxed abroad; it is sufficient that a tax of an identical or analogous nature is applied in that territory and that it is not a tax haven. The application will depend on proving that the ultimate beneficiary of the services is an entity that is not a resident in Spain.
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