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A resident in Spain receiving two retirement pensions from the Netherlands (one public and one private) sought clarification on whether they must file a tax return. The Directorate General for Taxes (DGT) determined that, under the Spain-Netherlands Double Taxation Convention, one pension may be taxed in both countries while the other is taxed only in Spain, and analysed the filing obligation based on income thresholds.
Cuestión planteada Si está obligada a presentar declaración por el Impuesto sobre la Renta de las Personas Físicas.
La pensión pública de Holanda puede tributar en ambos Estados y, por tanto, en España se considera renta exenta con progresividad. La pensión privada solo puede tributar en España. Si la consultante no percibe otras rentas y sus rendimientos del trabajo sujetos a tributación no superan los límites de la LIRPF, no está obligada a presentar la declaración.
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