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V1610-18 11 June 2018 · SG de Fiscalidad Internacional Criterion in force
IRNR · retención

Award paid to Argentine resident taxed in Spain at 24% retention

A Spanish company pays an award of 25,000 Argentine pesos to a tax resident in Argentina. The DGT states that, as the award is not specifically provided for in the agreement, it is subject to Spanish taxation as other income.

The question raised

Question raised: It is questioned whether the payment of this amount is subject to the 24% non-resident income tax withholding or whether there is a double taxation treaty with different consequences.

The DGT's ruling

The prize is considered 'other income' pursuant to Article 21 of the Convention between Spain and Argentina, which allows for its taxation in Spain. As the beneficiary is a non-resident, the TRLIRNR applies and, since the beneficiary is not a resident in the EU or the EEA, the withholding tax rate is 24% in accordance with Article 25.1.a).

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