Skip to content
Back to index
V4035-16 22 September 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · renta mundial

Deduction for foreign taxes on Gibraltar income possible

A Spanish resident worker asks whether they can deduct taxes paid in Gibraltar on their employment income. The DGT responds that, as Gibraltar has no double taxation treaty, Spanish domestic rules apply.

The question raised

Question raised: Whether there is a right to deduct, in the 2015 Personal Income Tax return, said amounts as tax paid in Gibraltar.

The DGT's ruling

Residents in Spain are taxed on their worldwide income regardless of where it is generated. In the absence of a treaty with Gibraltar, Article 80 of the Personal Income Tax Law (LIRPF) applies, which allows for the deduction of the lesser of the amounts between the actual amount paid abroad for a tax of an identical or analogous nature, or the result of applying the average effective tax rate to the portion of the taxable base taxed abroad.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

Email
Contact