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A UK resident in Spain enquires about the taxation of a British Armed Forces pension. The DGT determines that if the beneficiary is a UK national, the pension is only taxable in the UK and is exempt in Spain under the double taxation treaty.
Cuestión planteada
Las pensiones públicas del Reino Unido pagadas por razón de servicios prestados a ese Estado solo pueden someterse a imposición en Reino Unido si el beneficiario es residente y nacional de ese Estado. Al estar exentas en España por el Convenio, estas rentas se consideran exentas con progresividad. Esto implica que deben incluirse para calcular el tipo medio de gravamen aplicable al resto de las rentas del contribuyente.
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