Germany
Tax residents in Spain with income from Germany
(The content of this document is for informational purposes only and has been prepared for educational purposes only. For further information, please consult the Personal Income Tax Act and the Spanish-German Agreement to avoid double taxation.
I.- Tax residence
A natural person is resident in Spanish territory when any of the following circumstances occur:
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They have stayed longer than 183 days in Spanish territory over the calendar year.
To determine this period of stay, sporadic absences will be taken into account unless the taxpayer proves his tax residence in another country (through a tax residence certificate issued by the tax authorities of that other country). In the case of countries or territories labelled as tax havens, the Tax Administration can demand proof of stay in that tax haven over a period of 183 days within the calendar year.
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They situate the main base or centre of their activities or economic activities, directly or indirectly, in Spain.
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They have dependent not legally separated spouse and/or underage children who are usually resident in Spain. This latter situation accepts evidence to the contrary.
II.- Personal Income Tax
If a natural person, in accordance with the above, turns out to be tax resident in Spain , he/she will be a taxpayer for the Personal Income Tax (IRPF) and must pay taxes in Spain on his/her worldwide income , that is, he/she must declare in Spain the income he/she obtains anywhere in the world, without prejudice to the provisions of the Agreement to avoid international double taxation signed between Spain and the country of origin of the income.
The agreements list certain types of income and, with respect to each of them, establish the tax powers that correspond to each signatory State:
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In some cases, exclusive power for the taxpayer's country of residence,
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In others, exclusive power for the country of origin of the income and,
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Finally, in some cases, shared power between both countries, with both being able to tax the same income, but with the obligation for the taxpayer's country of residence to take measures to avoid double taxation.
The personal income tax period is the calendar year. A person will be a resident or non-resident throughout the calendar year since a change of residence does not imply an interruption of the tax period.
The income tax return of individuals who are tax residents in Spain is submitted in the months of April, May and June of the year following the year of accrual. The Personal Income Tax regulations set limits and conditions that determine the obligation to file a tax return, which must be consulted each year. Exempt income is not taken into account when determining the obligation to file a tax return.
Example: Taxpayer, tax resident in Spain, whose only income in 2019 is a pension from Germany, caused by having worked in a company in that country (Spain has the power to tax because it is a pension derived from previous employment in the private sector). The treatment in the Convention is explained below). If the pension exceeds the amount of 14,000 euros per year, taking into account the limits and conditions of the obligation to declare for the 2019 financial year, you would be obliged to file a personal income tax return for 2019, since the payer of the German pension is not obliged to make withholdings on account of Spanish personal income tax.
Spanish-German Agreement of February 3, 2011 ( BOE of July 30, 2012)
(The text of the Agreement can be consulted at https://sede.agenciatributaria.gob.es in the following path: Home > Regulations and interpretative criteria > International taxation)
In a simplified manner, taking into account the provisions of the new Agreement between Spain and Germany ( CDI ), applicable with effect from the 2013 financial year , the taxation for tax residents in Spain on the most commonly obtained income from German sources would be:
Pensions :
Understood as remuneration that is based on a previously held job, they are treated differently depending on whether they are granted for services rendered in the public or private sector.
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Pension received by reason of dependent work performed for the State, federal states, political subdivision or local authority, or legal entity under public law (Article 18.2 CDI) . Your treatment is:
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In general, these pensions would only be taxed in Germany.
In Spain they would be exempt, although the exemption will be applied progressively. This means that if the taxpayer is required to file a personal income tax return for other income, the amount of the exempt pension is taken into account in Spain to calculate the tax applicable to the remaining income.
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However, if the beneficiary of the pension resident in Spain had Spanish nationality, the aforementioned pensions would only be taxed in Spain.
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Pension received due to previous employment in the private sector (Article 17 CDI) . Your treatment is:
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In general, they would only pay taxes in Spain.
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However, payments made under German social insurance law may also be taxed in Germany if the event giving rise to the right to receive the income occurs on or after 31 December 2014, with a tax limit of the following percentage of the gross amount:
- 5%, when the event that generates the right to receive the income occurs between January 1, 2015 and December 31, 2029.
- 10%, if the event determining the perception occurred after January 1, 2030.
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Likewise, the regime of the previous section will apply to other payments received from December 31, 2014 when they are generated by contributions to fiscally-incentivized pensions (article 17.3 CDI and provisions VI, VII and VIII of the attached protocol) that have been made for a period of more than twelve years.
In the cases referred to in sections 2 and 3, in relation to the tax paid in Germany up to the tax limit, the taxpayer may apply the deduction for international double taxation in the personal income tax in Spain.
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Income from real estate (article 6 CDI) :
Income from real estate located in Germany may be taxed in both Spain and Germany. The resident taxpayer would be entitled to apply the deduction for international double taxation in the personal income tax in Spain.
Dividends (article 10 CDI) :
Dividends from German sources may be taxed in Spain in accordance with its domestic legislation. These dividends may also be subject to taxation in Germany, if that is the country where the company paying the dividends is resident and according to the legislation of that State, but if the effective beneficiary of the dividends is a resident of Spain, the tax thus imposed will have a maximum limit of 15 percent of the gross amount of the dividends. The resident taxpayer would be entitled to apply the deduction for international double taxation in the personal income tax in Spain up to that limit.
Interests (Article 11 CDI) :
In general, since 2013, interest originating in Germany and whose beneficial owner is a tax resident in Spain can only be taxed in Spain.
Remuneration of members of boards of directors of companies resident in Germany (Article 15 CDI) :
They can be taxed in both Germany and Spain. The taxpayer would be entitled in Spain to apply the deduction for international double taxation.
Capital gains:
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Derived from real estate (article 13.1 CDI) : Profits obtained from the sale of real estate located in Germany may be subject to taxation in both Spain and Germany. The taxpayer has the right to apply the deduction for international double taxation in the personal income tax in Spain.
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Derived from shares or participations in companies whose assets consist of at least 50 percent, directly or indirectly, of immovable property or which grant, directly or indirectly, the right of use of immovable property , if the immovable property is located in Germany (Article 13.2 and 13.3 CDI): The profits derived from the sale of these shares or interests may be subject to taxation in both Spain and Germany. The taxpayer has the right to apply the deduction for international double taxation in the personal income tax in Spain.
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Derived from movable property that forms part of the assets of a permanent establishment (article 13.4 CDI) : Gains from the sale of movable property that forms part of the assets of a permanent establishment that a businessman or professional resident in Spain has in Germany, including gains from the sale of said permanent establishment (alone or with the entire company), may be subject to taxation in both Spain and Germany. The taxpayer has the right to apply the deduction for international double taxation in the personal income tax in Spain.
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Derived from other types of goods (article 13.6 CDI) : In general, profits derived from the alienation of any other type of property may only be subject to taxation in Spain provided that this is the State in which the transferor resides. An example of this type would be the gain derived from the sale of shares in a German company. However, in certain cases of change of residence (article 13.7 CDI) from Germany to Spain, there may be shared taxation power for both countries. In the event of double taxation, the taxpayer has the right to apply the deduction for international double taxation in the Personal Income Tax in Spain.
In addition to those mentioned above, the Agreement lists other types of income (business profits, income from work, artists and athletes, public functions, other income, etc.), the treatment of which can be consulted in the text of the Agreement.
III.- Obligation to report assets abroad
Residents in Spain must inform the Spanish tax authorities about three different categories of assets and rights located abroad:
- accounts in financial institutions located abroad
- Securities, rights, insurance and income deposited, managed or obtained abroad
- Real estate and rights to real estate located abroad
This obligation must be fulfilled, using Form 720, between January 1 and March 31 of the year following the year to which the information to be supplied refers.
There will be no obligation to report on each of the categories of assets when the value of the set of assets corresponding to each category does not exceed 50,000 euros. Once the information declaration has been submitted for one or more of the categories of assets and rights, the submission of the declaration in subsequent years will be mandatory when the value has experienced an increase of more than 20,000 euros compared to that which determined the submission of the last declaration.
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