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An independent professional resident in Argentina renders services to a Spanish company from Argentina. The DGT states that, as no activity is carried out in Spain and no fixed base exists here, income cannot be taxed in Spanish territory.
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Según el artículo 14 del Convenio hispano-argentino, las rentas por servicios profesionales pueden tributar en España con un límite del 10% si la actividad se lleva a cabo en este Estado. No obstante, si el profesional realiza su actividad desde Argentina y no dispone de una base fija en España, España no tiene potestad para gravar dichas rentas. En este caso, la potestad tributaria corresponde al Estado de residencia.
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