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A Spanish citizen residing in Spain has enquired whether they must pay tax in Spain on a public pension received from Germany. The DGT has determined that, as the individual is both a Spanish national and a resident in Spain, said pension may only be subject to taxation in Spain.
Cuestión planteada Tributación de la pensión procedente de Alemania.
Según el Convenio entre España y Alemania, las pensiones pagadas por un Estado o entidad local alemana solo pueden gravarse en Alemania, salvo que el beneficiario sea nacional y residente del otro Estado contratante. Al ser el consultante nacional español y residente en España, la pensión solo puede tributar en España. Por tanto, debe incluirse en la renta mundial para el IRPF.
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