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A former Civil Guard member residing in France and holding Spanish nationality asks where his Spanish public pension should be taxed. The DGT determines that, as a Spanish national, tax jurisdiction lies exclusively in Spain.
Cuestión planteada
Según el Convenio entre España y Francia, las pensiones pagadas por un Estado a una persona física por servicios prestados a este solo tributan en dicho Estado. Al ser el consultante de nacionalidad española, no se aplica la excepción que permitiría la tributación en el Estado de residencia. Por tanto, la pensión tributa únicamente en España mediante el Impuesto sobre la Renta de No Residentes.
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