double taxation spain usa


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  • What is the new double taxation treaty between Spain and US?

    The brand-new double taxation treaty between Spain and the US aspires to exponentially improve and facilitate mutual investments between countries. The purpose of a tax treaty is to contain international double taxation through tax reductions or exemptions.

  • How does the US-Spain tax treaty affect Social Security payments?

    For example, Government payments are excluded from the Saving Clause, so that under the US-Spain Tax Treaty, Social Security payments are not to be treated differently than as set forth in the treaty — but tax rules are impacted by citizen/resident status. One primary benefit of the US-Spain Tax Treaty is the relief from double taxation.

  • Do Americans pay tax on rental income in Spain?

    Americans living in Spain are technically subject to taxation on rental income by both governments. However, they can often avoid double taxation by claiming one of the tax breaks mentioned above.

  • What is the agreement between the United States and Spain?

    Protocol Amending the Convention Between the United States of America and the Kingdom of Spain for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and its Protocol signed at Madrid on February 22 1990 PDF – 2013

US-Spain Tax Treaty Explained: 7 Income Tips

The United States and Spain entered into a bilateral international income tax treaty several years ago. The purpose of the treaty is to provide clarity for certain tax rules impacting citizens and residents of either country on matters involving cross-border income. The tax treaty serves to benefit citizens and residents from Spain who reside in th

Saving Clause and Exceptions

The Saving Clause is one of the most important aspects of any US Tax Treaty. In general, the idea behind the Saving Clause is that despite any tax outcome within the treaty (for example private pensions), this clause allows each party to the agreement to still tax the person in the same way they would if the treaty was not in place. But, there are

Relief from Double Taxation

One primary benefit of the US-Spain Tax Treaty is the relief from double taxation. In other words, the double taxation relief allows a person to claim a credit for taxes paid in the other country to avoid double taxation. This helps to avoid and/or minimize having to pay tax in both jurisdictions on the same income. expatriationattorneys.com

Income from Real Property

When there is income generated from real property such as rental income, both countries are able to tax the income. That is because the portion of the treaty referring to income from real property provides that the contracting state in which the property is located may tax the income. In other tax treaties, the language would provide that the incom

Private Pensions

Private pensions and annuities are one of the more complicated aspects of the US tax treaty. That is because at first glance it would appear that the pension is only taxable in the contracting state of residence. The problem is that in the US-Spain Tax Treaty (as with most other tax treaties), private pensions and annuities are not excluded from th

Government Functions

When it comes to government functions, the concept is that when a person is performing services for one country’s government, then that country will have the exclusive right to tax that person on the income – and will be exempt in the other country. There are some exceptions and exclusions identified in Article 21 of the treaty. In addition, while

Social Security

Social Security under the US- Spain Treaty is handled a bit differently. Usually, Social Security is excluded from the Saving Clause or has its own stand-alone section/paragraph of an article dealing with Pension or Government Remuneration. In this treaty, the Social Security section is under Article 20(1)(b) and while it allows the sourcing countr

Exchange of Information

With the recent introduction of FATCA, the exchange of information is a crucial concern for Taxpayers who have accounts, assets, and investments outside of their residence country — especially if the person is a US Person with funds abroad. With theglobal interest in cracking down on matters involving tax non-compliance, it is important to keep in

Golding & Golding: About Our International Tax Law Firm

Golding & Golding specializes exclusively in international tax, and specifically IRS offshore disclosure. Contact our firm todayfor assistance. expatriationattorneys.com

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