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A Spanish tax resident enquires where capital gains from German property sales should be taxed. The DGT states that Germany has taxing rights and Spain must apply elimination of double taxation.
Question posed: A query is made regarding where the capital gain derived from the sale of real estate located in Germany should be taxed.
As a resident in Spain, the taxpayer is taxed on their worldwide income. However, the Spain-Germany Double Taxation Convention allows gains from the alienation of real estate located in Germany to be taxed in that State. In this case, Spain must apply the double taxation relief in accordance with the convention.
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