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The DGT confirms that a residency certificate issued by a non-tax authority is not valid for exempting income tax under the Spain-UK double taxation treaty.
Question raised: Inquiry is made regarding the validity of the residence certificate provided.
To apply the taxation limits or exemptions of a Convention, the resident must prove their residence by means of a certificate issued by the corresponding tax authority. This certificate must expressly state that the taxpayer is a resident according to the Convention and has a validity of one year. If the certificate has not been issued by the tax authority of the country of residence, it lacks validity and the withholdings established in the Non-Resident Income Tax Law must be applied.
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