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A resident in Germany holding shares in a Spanish company subject to a takeover bid asks whether they can recover withheld taxes. The Directorate General for Taxes (DGT) rules that, if residency is proven via the relevant certificate, the gain is only taxable in Germany, and the taxpayer may request a refund.
Question raised The taxpayer asks whether the documents attached to the inquiry are sufficient to prove tax residence in Germany and whether the refund of the amounts withheld as a result of the takeover bid is appropriate.
Si la ganancia por la venta de acciones no tributa en España según el Convenio Hispano-Alemán, el contribuyente puede solicitar la devolución de las retenciones mediante el modelo 210. Para ello, debe presentar una declaración de IRNR adjuntando un certificado de residencia fiscal expedido por la autoridad alemana que acredite su derecho a la exención. El procedimiento de devolución debe realizarse a partir del 1 de febrero del año siguiente al devengo y dentro del plazo de cuatro años.
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