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A German tax resident asks whether maternity benefit paid by Spanish Social Security is taxable in Spain. The DGT states that such benefit is classified as income from employment and its tax liability in Spain depends on where the underlying employment activity took place.
Cuestión planteada La consultante plantea las siguientes cuestiones:
La prestación por maternidad tiene la calificación fiscal de renta del trabajo según la legislación española. Según el Convenio Hispano-Alemán, si el trabajo se realiza en España, dicha renta puede someterse a imposición en España. En caso de que la renta también tribute en Alemania por residencia, el Estado alemán deberá eliminar la doble imposición.
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