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A Spanish resident receiving Dutch dividends triggers a Dutch exit tax on latent gains. The DGT confirms the income remains a dividend and Spain will only deduct double taxation up to the 15% limit set in the double taxation treaty.
Question raised
The distribution of dividends does not alter the legal nature of the income, which remains a dividend under the Convention. The Dutch withholding tax, although levied upon the dividend, does not constitute a recharacterization of the income. Spain is only obliged to eliminate double taxation for the tax paid in the Netherlands if it complies with the limits of taxing power under the Convention (maximum 15% for dividends).
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