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A Spanish company asked whether it must withhold 20% on the salary of a worker resident in Portugal working abroad. The DGT responds that no retention is required as the activity does not take place in Spanish territory.
Cuestión planteada Obligación de retener sobre las retribuciones satisfechas al trabajador.
Las remuneraciones de un trabajador no residente no están sujetas a tributación en España si no derivan de una actividad personal desarrollada en territorio español. Por tanto, no procede practicar retención o ingreso a cuenta sobre dichas remuneraciones. El trabajador podrá solicitar la devolución de las retenciones practicadas indebidamente mediante el modelo 210.
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