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A Spanish tax resident asks whether they must pay tax in Spain on a termination payment received in Brazil. The DGT states that the taxing right is shared between Spain and Brazil as the income arises from employment in Brazil, and the resident must declare the income in Spain.
Cuestión planteada Tributación en España de la indemnización percibida en Brasil.
La indemnización por despido se considera remuneración derivada del empleo según el artículo 15 del Convenio Hispano-Brasileño y los comentarios del Modelo de la OCDE. Al ser residente en España, el contribuyente tributa por su renta mundial. Si Brasil grava dicha renta, España permitirá la deducción por doble imposición internacional conforme al artículo 23.1 del Convenio y al artículo 80 de la LIRPF.
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