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A Spanish resident asks whether she must pay Spanish tax on the sale of shares in Belarus. The DGT responds that, as a fiscal resident in Spain, she is liable on worldwide income, and under the Spain-Belarus double taxation treaty, Spain has taxing rights on such gains, except in specific cases.
Cuestión planteada La consultante plantea las siguientes cuestiones:
Como residente fiscal en España, la consultante tributa por su renta mundial según la LIRPF. Según el Convenio Hispano-Soviético, las ganancias por la venta de acciones solo pueden tributar en Bielorrusia si los activos de la sociedad son principalmente bienes inmuebles o si la participación es igual o superior al 25%. En los demás casos, la potestad tributaria corresponde únicamente al Estado de residencia del transmitente (España).
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