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V2513-22 7 December 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · convenio de doble imposición

German foundation payments may be taxed in Spain as income from work

A German citizen asks whether compensation from a German public foundation for disability would be taxable in Spain if she establishes her fiscal residence there. The DGT responds that Spain has taxing power and that such income must be taxed as income from work.

The question raised

Question raised: In the event of establishing habitual residence in Spain, to determine whether, according to the Convention for the avoidance of double taxation between Spain and Germany, the indemnity benefits received from said foundation could be subject to taxation in Spain and, if so, what treatment they would receive under Personal Income Tax, specifically, whether they would be exempt from taxation.

The DGT's ruling

According to the Convention between Spain and Germany, the taxing power over pensions and analogous remuneration belongs to the State of residence, unless they are social security payments that may also be taxed in the State of origin subject to specific limits. For Personal Income Tax purposes, these benefits constitute income from employment if they are public, as they are not included in the exemption cases provided by law.

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