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A Spanish tax resident enquires about the taxation of a single pension from the Netherlands, arising from public and private sector services after privatisation. The DGT determines that, as rights have been transferred to the private system, the pension is considered private and only taxable in Spain.
Question raised
The pension received by a resident in Spain, although derived from services initially rendered to the Dutch State, is covered by Article 19 of the Convention with the Netherlands. Since all rights were transferred to the pension system of a private entity following the privatization of the service, the pension is not considered public. Therefore, the entirety of the pension may only be subject to taxation in Spain as the State of residence.
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