Double taxation advice in Madrid

From Madrid, we advise on international double taxation where income is connected with Spain and another country. We review residence, the income type, the treaty and tax paid to assess Spanish obligations and possible relief. You can consult us remotely from anywhere in Spain or from abroad.

Vasco da Gama Bridge over the Tagus in Lisbon

When international double taxation can arise

This can happen when one country taxes income because of your residence and another because of its source. Comparing two tax receipts is not enough: we establish whose income it is, its type, timing and taxation. This allows us to assess whether double taxation exists and the appropriate relief.

Double tax treaties and applicable rules

Notebook, laptop and accounting documents on a desk

Treaties do not remove all taxes or work identically for every income type. We check the applicable text, its status and the rules allocating or limiting taxing rights. We also review the evidence and conditions required, without assuming that Spain has a treaty with every country.

Types of overseas income we review

A person may receive income from different sources with different tax treatment. The first step is to identify each type of income, where it arises and which residence circumstances matter. Foreign income does not, by itself, mean that it is reported only outside Spain. That information must be considered alongside the person's tax regime.

If you have several income sources, it helps to separate them from the outset. A pension, salary and dividends should not be treated as one foreign income amount governed by a single rule.

Salaries and work carried out across countries

For salary, we review where the work is physically performed, the employer, periods and treaty conditions. Payment from abroad does not by itself mean the work was carried out there. Contracts, pay certificates and travel records help link remuneration to the activity and tax year concerned.

Public and private pensions

We identify the payer, source and public or private nature of a pension before applying treaty rules. Two pensions received by the same person may require different assessments. Benefit certificates and withholding information distinguish gross income, net payments and taxes; the country sending the transfer alone does not settle the treatment.

Dividends, interest and investment gains

We review institution statements, gross amounts and tax actually withheld. For investment disposals, we also need dates, acquisition values and costs. If source-country withholding exceeds a treaty limit, a refund there may need assessment rather than simply transferring the entire amount to the Spanish return.

Property rentals and sales

The property's location is often central to the assessment, but does not by itself settle obligations in the residence country. We relate income, expenses and taxes to the applicable treaty. If the property is in Spain and you live abroad, we also examine non-resident taxation.

Exemptions, tax credits and possible refunds

Depending on the tax and treaty, relief may involve an exemption, a credit or a refund claim. Each has conditions and limits; not all foreign tax is necessarily recoverable. We explain the relevant mechanism, the evidence it needs, and which steps belong in Spain or require review abroad.

Foreign tax paid and limits on relief

For example, the personal income tax credit is limited by the foreign tax actually paid and the Spanish tax attributable to that income. A treaty may also limit tax payable at source. We review the evidence and specific rule before calculating relief or considering another route.

Tax withheld at source and procedures abroad

If source-country withholding exceeds the treaty limit, a refund there may need consideration. We check the amount withheld, its basis and available documents. The Spanish review and a possible foreign claim are separate tasks; we identify the need without assuming representation before another authority is included.

Documents for reviewing double taxation

Reviewing invoices and calculations at a desk

When requested, gather residence certificates, returns, proof of tax paid and documents identifying each income item. Provisional withholding and final tax do not always serve the same purpose. If information is missing, we explain what prevents a conclusion and how to complete the file.

Reviewing international income requires a clear link between the amount earned and the tax charged. A bank credit may show a net amount but not the gross income, period, income category or nature of the withholding. We therefore request certificates and supporting records that explain those details.

How we provide double taxation advice in Madrid

Professionals compare documents during a meeting

Our double taxation advice in Madrid starts with agreeing the income, countries and tax years to review. We examine the returns and evidence of tax paid before assessing the treaty and possible relief. The review does not assume that all foreign tax is recoverable or that procedures before a foreign tax authority are included; those needs are identified and agreed separately.

Frequently asked questions about international double taxation

Receiving money from abroad is not enough to determine its taxation. These questions explain why we review residence, income type and supporting documents before providing an answer.

Must I report income in Spain if it has already been taxed abroad?

It may be necessary. Paying foreign tax does not automatically remove Spanish obligations. Residence, the nature of the income and the treaty must be examined before applying any relevant exemption or tax credit.

What if Spain has no tax treaty with the other country?

The domestic rules of the taxes involved must be assessed. Spanish personal income tax includes a foreign tax credit subject to conditions and limits. The absence of a treaty does not, by itself, mean that no relief is available.

Can I deduct all the tax paid abroad?

Not always. The Spanish personal income tax credit is limited by the foreign tax paid and the Spanish tax attributable to that income. Any applicable treaty restrictions must also be considered.

Are foreign pensions always treated in the same way?

No. The pension’s nature and source can change the treaty analysis. We distinguish public and private pensions and identify the payer before reaching a conclusion.

What if tax withheld at source exceeds the treaty limit?

A refund or procedure in the source country may need to be considered. The full excess should not automatically be treated as a Spanish tax credit. We define MRC’s review and identify any assistance needed abroad.

Is knowing the country paying my salary enough?

No. Where the work is physically carried out, the employer and other treaty conditions may also matter. The country sending the payment or the payer’s location does not determine the outcome on its own.

Which documents show the tax paid abroad?

Depending on the case, payer or institution certificates, returns, assessments and proof of tax actually paid. They must relate to the income and tax year concerned. A bank transfer alone does not explain the full tax treatment.

What determines the scope and fees for the review?

The people, countries, income types, tax years and actions involved. A review of a future situation should be distinguished from reviewing previous returns or possible refunds. Those tasks are not automatically included.

Is your double taxation advice in Madrid available to clients throughout Spain?

Yes. Our office is in Madrid, but we advise remotely throughout Spain and assist people abroad with income or obligations connected with Spain. The review depends on the countries, income and taxes involved, not on you living in Madrid. Advice or representation in the other country is not automatically included.

Contact

Discuss double taxation with our advisers in Madrid

Describe the countries involved, income type and tax year, and whether you have already filed returns or had tax withheld. We will explain the evidence needed and the review covered by the proposal. Any action before a foreign tax authority must be expressly defined.

Marisa, tax adviser and accountant at MRC ConsultoresMRC Consultores FiscalesMeet the people behind the advice
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