Skip to content
Back to index
V3157-15 20 October 2015 · SG de Fiscalidad Internacional Criterion in force
IRNR · ganancia patrimonial

Capital gains from selling US shares in Germany taxed only in Germany

A Spanish tax resident in Germany asks where capital gains from US shares held in a Spanish entity should be taxed. The DGT states that under the Spain-Germany Double Taxation Agreement, such gains are taxable only in the taxpayer's country of tax residence.

The question raised

Taxation of the sale of shares

The DGT's ruling

In accordance with paragraph 6 of Article 13 of the Convention between Spain and Germany, gains derived from the alienation of any property other than real estate, permanent establishments, ships or aircraft, shall be taxable only in the State of which the alienator is a resident. Therefore, the sale of shares held in a Spanish financial institution by a resident in Germany is taxable exclusively in Germany.

Book your free first meeting