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V3946-15 10 December 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · renta mundial

Retirement pensions from Germany are taxed in Spain on a worldwide income basis according to the Spanish-German Convention

A retiree asks whether they must include the pension received from Germany in their Personal Income Tax return. The DGT indicates that, as a resident in Spain, they are taxed on their worldwide income, although the application of the Convention with Germany determines where taxation may occur.

The question raised

Question posed: Whether or not to include, in the Personal Income Tax return, the retirement pension received from Germany.

The DGT's ruling

The taxpayer is taxed in Spain on their worldwide income pursuant to Article 2 of the LIRPF. According to Article 17.1 of the Spanish-German Convention, pensions originating in one State and paid to a resident of the other State may be taxed only in the latter (Spain), unless they concern payments under social security legislation with specific rules for taxable events occurring from 2015 onwards. The pension is integrated as employment income in the Personal Income Tax taxable base.

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