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Practical Income Manual 2020.

Measures to avoid double taxation

Regulations: Art. 92.4 Law Personal Income Tax

When the imputation is appropriate, the following amounts will be deductible from the full Personal Income Tax fee corresponding to the taxpayer who makes the imputation of the income:

  1. The tax or taxes of an identical or similar nature to Personal Income Tax or on Companies that, paid abroad by the first transferee non-resident person or entity, corresponds to the part of the net income derived from the amount that must be included in your tax base.
  2. The IRPF or on Companies that, paid in Spain by the first transferee resident person or entity, corresponds to the part of the net income derived from the amount that must be included in its tax base.
  3. The tax or levy actually paid abroad by reason of the distribution of dividends or shares in profits distributed by the first transferee, whether in accordance with an agreement to avoid double taxation or in accordance with the internal legislation of the country or territory of which in question, in the part that corresponds to the amount included in the tax base.
  4. The tax paid in Spain, when the natural person is not a resident, which corresponds to the consideration obtained by the natural person as a consequence of the first transfer of the right to exploit their image or the consent or authorization for its use.
  5. The tax or taxes of an identical or similar nature to Personal Income Tax paid abroad, which corresponds to the consideration obtained by the natural person as a consequence of the first transfer of the right to exploit their image. or consent or authorization for its use.

These deductions will be made even when the taxes correspond to tax periods other than that in which the imputation was made, without them exceeding, as a whole, the full amount that must be paid in Spain for the income imputed in the tax base.

Under no circumstances will taxes paid in countries or territories legally classified as tax havens be deducted.

See in this regard the definition of tax haven, zero taxation and effective exchange of tax information contained in the first Additional Provision of Law 36/2006, of November 29, on measures for the prevention of tax fraud and which is discussed in the " List of countries and territories legally qualified as tax havens " within the section dedicated to the "Imputation of income by partners or participants of collective investment institutions established in tax havens" in this Chapter .

The amount corresponding to the taxes that, in accordance with the above, are deductible will reduce the total net amount, for which they must be recorded in box [0590] of section "M" of the declaration.