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A Spanish tax resident in Malaysia asks whether they must file model 210 for income from an overseas contract with a Malaysian company without a presence in Spain. The DGT responds that since the income is not derived in Spanish territory, there is no obligation to declare.
Cuestión planteada
Las retribuciones del trabajo no se consideran obtenidas en territorio español si no derivan de una actividad personal desarrollada en España, ni son retribuciones públicas o remuneraciones de entidades residentes en España bajo los supuestos del artículo 13.1.c) del TRLIRNR. Al no considerarse rentas obtenidas en España, no quedan sujetas al IRNR ni a la obligación de presentar la declaración mediante el modelo 210.
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