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A Spanish company asks about the taxation of interest paid to Belgian resident lenders. The DGT clarifies that, under the double taxation treaty, such interest may be exempt, and therefore no retention is required, although a negative declaration must be filed.
Cuestión planteada Tributación de los intereses.
El Convenio entre España y Bélgica permite que los intereses pagados a residentes en Bélgica se sometan a una imposición en España con un tipo máximo del 10 por 100. No obstante, el TRLIRNR establece la exención de estos intereses para residentes en otros Estados miembros de la Unión Europea. Al estar exentos por el Convenio o la ley interna, no procede practicar retención, pero el retenedor debe presentar declaración negativa.
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