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A company asked whether it should withhold taxes when paying a university lecturer resident in Italy for a conference. The DGT responds that, under the Spain-Italy Double Taxation Agreement, such income is taxable only in Italy unless the professional has a fixed base in Spain.
Cuestión planteada
Las rentas por servicios profesionales de carácter educativo o pedagógico prestados por un residente en Italia solo pueden someterse a imposición en Italia, a menos que el profesional disponga de una base fija en España. Al estar exentas en España por el Convenio, la entidad pagadora no tiene obligación de practicar retención ni ingreso a cuenta según el TRLIRNR.
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