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A tax resident in Mexico has enquired about the taxation of redemptions from two private pension plans held in Spain. The Directorate General for Taxes (DGT) has ruled that Spain holds the authority to tax these incomes through Non-Resident Income Tax.
Question raised: Country and method of taxation for both retirement plans.
Las rentas de planes de pensiones privados no califican como pensiones del artículo 18 del Convenio España-México al no derivar de un empleo anterior. Según el artículo 21.3 del Convenio, España puede gravar estas rentas como país de la fuente. Al ser satisfechas por entidades residentes en España, están sujetas al IRNR con retención y tarifa progresiva. México deberá eliminar la doble imposición mediante el crédito por el impuesto pagado en España.
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