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New guides on the latest Spanish tax and immigration developments.
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A consultant who moves to Portugal but continues working for Spain remotely asks which tax regime applies. The DGT determines that if the worker is not a tax resident in Spain, their remote earnings are not subject to Spanish taxation as the activity does not take place on Spanish soil.
Cuestión planteada Régimen fiscal aplicable a los rendimientos del trabajo obtenidos por el consultante.
Si el consultante no cumple los requisitos de residencia fiscal en España del artículo 9.1 LIRPF, estará sujeto al IRNR por las rentas de fuente española. No obstante, los rendimientos del trabajo no se consideran obtenidos en España si no derivan de una actividad personal desarrollada en territorio español. Por tanto, las remuneraciones por teletrabajo desde Portugal no están sujetas a imposición en España.
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