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V3459-15 12 November 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Argentina compensation received by Spanish resident taxed as patrimonial gain

A Spanish resident asks about the tax treatment of compensation received from Argentina under Law 24.043. The DGT determines that the income must be taxed in Spain as patrimonial gain included in the general tax base.

The question raised

Question posed: Tax treatment of said compensation.

The DGT's ruling

The compensation constitutes a capital gain pursuant to Article 33.1 of the Personal Income Tax Law (LIRPF), as it represents a variation in the value of the assets. As it does not derive from a transfer, it is integrated into the general taxable base in accordance with Article 48 of the LIRPF. According to the Convention between Spain and Argentina, the income may be subject to taxation in both Spain and Argentina, allowing for a deduction for international double taxation of the tax effectively paid in Argentina.

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