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V2039-16 12 May 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · régimen especial de impatriados

International pension rescue not taxable in Spain if not linked to Spanish employment or paid from Spain

A worker under the special regime for expatriates asks whether he must pay tax on the rescue of a Luxembourg pension plan. The DGT responds that no tax is due as the income is not considered obtained in Spanish territory.

The question raised

A) In the event of opting to continue taxing under the special regime according to the regulations in force until 31/12/2014, whether one should be taxed in Spain in the event of redeeming said pension plan and knowing the tax rates to which their employment and savings income would be subject.

The DGT's ruling

The redemption of an international pension plan is not considered income obtained in Spain if it does not derive from employment provided in Spanish territory nor is it paid by a resident entity in Spain. Therefore, it is not subject to withholding tax nor should it be included in the Personal Income Tax (IRPF) return under the special regime, regardless of whether the regulations in force until 2014 or the new regulations from 2015 are applied.

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