- ALL PRIVATE PENSIONS from private employment, even when paid by the social security department of another country, must be declared in Spain, Most of the Agreements signed stipulate that they should only be taxed in the country of residence.
What is clear is that the Spanish Tax Office is receiving consistently more and more comprehensive information on pensions paid by other countries to residents in Spain, so it does not make sense to omit them in your income tax return, when officially they should be declared. This improvement in procedures for exchanging information with other countries and public administrations, especially with those in Europe, allows the Tax Office to acquire tax information that could not be accessed before, and for this reason, the tax office could claim outstanding debts due to non-taxation when foreign pensions have not been declared, and these debts could be backdated to 2012.
In addition, it would be appropriate for all foreign pensioners who are tax residents in Spain to provide the Tax Authorities of their countries of origin with a Tax Residence Certificate from the Spanish Tax Offices thus avoiding the necessity of paying taxes in that country and only paying your taxes in one place, your country of residence, Spain.
José Manuel Garzón – Senior Partner
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Axarquía Solicitors is part of Marbellasolicitors SLP, a group of bilingual lawyers and tax experts that have more than 15 years experience assisting foreign buyers and vendors in Andalucía, both on the coast and inland.