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A Spanish resident working fully remotely for a Swiss company seeks advice on taxation. The DGT states that since the employment is physically carried out in Spain, the income is subject to taxation in Spain under the Spanish-Swiss Double Taxation Agreement.
Cuestión planteada
El empleo se considera ejercido en España si el trabajador está físicamente presente en territorio español al realizar las actividades. Por tanto, las remuneraciones solo tributan en España y la empresa suiza no debería practicar retenciones en Suiza. Si se practicaran, no cabría la deducción por doble imposición internacional en España y la consultante debería solicitar la devolución en Suiza.
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