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A consultant residing fiscally in the Dominican Republic asks whether Spanish private pension withdrawals are taxable in Spain. The DGT responds that, as it is not a pension from prior employment, Article 21 of the Double Taxation Agreement applies, and income is only taxable in the country of residence.
Question posed: Whether, in accordance with the provisions of the Convention for the avoidance of double taxation with the Dominican Republic, the withdrawal of the aforementioned private pension plan would be taxed in Spain.
If the consultant proves their tax residence in the Dominican Republic, the Convention for the avoidance of double taxation applies. As these are not pensions by reason of past employment (Article 18), the withdrawal is considered 'other income' under Article 21. Therefore, this income may only be taxed in the Dominican Republic and not in Spain.
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