Skip to content
Back to index
V5408-16 21 December 2016 · SG de Fiscalidad Internacional Criterion in force
IRPF · residencia fiscal

Tax residence and taxation for workers relocated to Germany depend on IRPF criteria and the Double Taxation Treaty

A worker relocated to Germany has enquired whether she must be taxed in Spain on her worldwide income or if she should be subject to Non-Resident Income Tax (IRNR). The Directorate General for Taxes (DGT) explains that her residence will depend on whether she meets the criteria regarding duration of stay or the base of her activities in Spain, and how any conflict of residence would be resolved through the Spain-Germany Double Taxation Convention.

The question raised

Question posed - Taxation in 2016 and 2017, formal obligations.

The DGT's ruling

If the person is a tax resident in Spain pursuant to Article 9 of the LIRPF, they shall be taxed on their worldwide income. If a conflict of residence exists, the tie-breaker rules of the Spain-Germany Double Taxation Convention shall apply (permanent home, center of vital interests, habitual residence, or nationality). If they are not a resident in Spain, they would only be subject to IRNR if the income derives from an activity carried out in Spanish territory, which is not the case if the work is performed in Germany.

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