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A Spanish tax resident enquires about the taxation of a French court-ordered spousal allowance. The DGT states that the income is taxed only in Spain and is classified as income from work.
Cuestión planteada
Al no existir un tratamiento específico en el Convenio entre España y Francia, la pensión de alimentos tributa exclusivamente en España según el artículo 22.1 del Convenio. En el IRPF, estas anualidades por alimentos tienen la consideración de rendimientos del trabajo conforme al artículo 17.2 f) de la LIRPF. No resulta aplicable ninguna exención del artículo 7 de dicha ley.
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