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V3974-15 14 December 2015 · SG de Fiscalidad Internacional Criterion in force
IRNR · residencia fiscal

Tax treatment of pensions, real estate income, and capital gains from the sale of a dwelling for residents in Portugal

A taxpayer inquires about their tax regime upon transferring their residence to Portugal. The DGT analyzes the taxation of a pension plan redemption, income from a property in Spain, and the gain from its future sale.

The question raised

Tax regime applicable to the described factual scenarios.

The DGT's ruling

The redemption of a private or financial pension plan is taxed only in Portugal, unless it is for services provided to the Spanish Administration and the recipient is a Spanish national. Imputed income from the use of a dwelling in Spain and gains from its sale are taxed in Spain under Non-Resident Income Tax (IRNR) at a rate of 19%. Upon sale, the purchaser must withhold 3% of the consideration.

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