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A Spanish resident enquires about the taxation of Swiss widow and orphan pensions. The DGT states that, assuming these pensions are not from public entities, they may be subject to Spanish taxation only under the Spain-Switzerland Double Taxation Convention.
Cuestión planteada Si debe tributar en España y/o Suiza por dichas pensiones.
Si las pensiones de viudedad y orfandad proceden de regímenes públicos de seguridad social y no de entidades del artículo 19 del Convenio Hispano-Suizo, solo pueden tributar en España. La pensión de viudedad se integra como rendimiento del trabajo. Las pensiones de orfandad, aunque se atribuyen al hijo, están exentas en España según el artículo 7.h) de la LIRPF.
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