Spain double taxation

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armdom64

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May 30, 2021
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Hello folks,

I'm looking for some advice. I'm a citizen of Costa Rica and legally a tax resident in Spain. Situation is as follows:
  1. I'm employed by a company in Spain, for which I pay the regular taxes/social security as usual. I reside in Spain most of the year.
  2. I perform other activities for a company residing in the United States, income that goes to Costa Rica
  3. I report taxes on those activities in Spain since starting.
Considering this. What legal options there are to establish my extra activity in Panama/Dominican Republic to avoid double taxation in Spain?
Thanks in advance.

armdom64
 
Thanks for your reply, Martin.
What I mean, is it possible to file taxes in‌ Panama, while living in Spain? The activities would be performed within Spain for a company‍ outside of Spain.
Would it still be within the limits?
 
@armdom64 legally if you live in Spain you can't not pay taxes in Spain. If‌ you are an EU citizen and don't register in Spain, just live there as a‍ 'tourist' maybe you can go unnoticed, there were plenty doing so living in Airbnbs and⁠ such, especially Brits before Brexit but it's not legal. It's not a territorial taxation country.⁤
 
Read the DTA text in⁠ link I sent or link bellow. As Spain is a place no sane person with⁤ ambition or money would ever want to live or make their tax residence I have⁣ not looked into it personally in any detail. You may need to utilize a Spanish⁢ tax advisor for help in this area

https://www.boe.es/eli/es/ai/2010/10/07/(1)/con

--- quote (using google translate)

Article 14.︀ Provision of services.​

1. Income obtained by a resident of one Contracting State for the︁ provision of services performed in the other Contracting State may be taxed in the Contracting︂ State mentioned first. However, such income may also be taxed in the other Contracting State,︃ provided that the services are professional services, consulting services, industrial or commercial advice, technical or︄ management services or other similar services. However, the tax thus required may not exceed 7.5︅ percent of the gross amount of said payments when the effective beneficiary of said payments︆ is a resident of the other Contracting State.

2. The expression « professional services »︇ includes independent, scientific, literary, artistic, educational or teaching activities, as well as the independent activities︈ of doctors, lawyers, engineers, architects, dentists and accountants.

3. The provisions of paragraph 1 do︉ not apply if the person providing the services, resident of one Contracting State, performs in︊ the other Contracting State, activities through a permanent establishment located in that other State, and︋ the payments received for its services are effectively linked to said permanent establishment. In such︌ cases, the provisions of article 7 shall apply.

4. When the payer of said income,︍ whether or not he is a resident of a Contracting State, have in one of︎ the Contracting States a permanent establishment in relation to which the obligation to pay for️ the services derives and that it assumes the burden thereof, said income from services will‌ be considered coming from the State where the permanent establishment is located.

5. When, due‍ to the special relationships existing between the service provider and the payer thereof, or those⁠ that one and the other maintain with third parties, the amount of the income for⁤ services exceeds that which the provider and the payer would have agreed in the absence⁣ of such relationships, the provisions of this article shall apply only to the latter amount.⁢ In such case, the excess may be taxed in accordance with the legislation of each︀ Contracting State, taking into account the other provisions of this Agreement.

--- quote end
 
You can't help but smile when reading some of your replies. Although⁣ you're probably right, I know several wealthy people who have moved to Spain in the⁢ last five years, and they are very satisfied. But maybe they're just used to paying︀ Danish taxes, so they don't mind the Spanish taxes.
 
As long as Hacienda doesn't find out about the money you make outside of Spain⁤ you're good, so do not transfer funds into Spain from any foreign bank, and do⁣ not use a debit card from a foreign bank while you're a tax resident in⁢ Spain.
 
That's a good question...

Panama signed up‍ to the CRS back in 2017, and they started reporting in September of 2018, but⁠ I'm not sure if Neobanks in Panama have to report.

I would ask the Neobank⁤ in question and see what they say.
 
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