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A Spanish resident employee asks about their Portuguese employer's tax obligations due to remote work. The DGT clarifies that the employee is taxed in Spain on their worldwide income and that the Portuguese employer is not obliged to withhold IRPF if it does not have a permanent establishment in Spain.
Cuestión planteada
Al realizarse el teletrabajo físicamente en España, el empleo se entiende ejercido en España, por lo que solo este Estado tiene potestad para gravar las rentas según el Convenio con Portugal. La empresa portuguesa no tiene obligación de practicar retenciones de IRPF si no opera en territorio español mediante establecimiento permanente o sin él realizando actividades económicas que generen rentas deducibles.
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