Spanish Non-Resident Income Tax: Rules and Obligations
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1. Joint and Several Liability (Non-Resident)
Under Article 9 of the Non-Resident Income Tax Law (IRNR):
- The payer of income accrued without a permanent establishment (PE) and the custodian or manager of assets or rights not assigned to a PE are jointly liable for tax debts.
- This applies especially when income or assets belong to residents in non-cooperative jurisdictions.
- Joint liability does not exist when withholding is mandatory.
- Representatives of IRNR taxpayers not resident in an EU or EEA Member State (with mutual assistance rules) operating through a PE or income attribution entity in Spain are also jointly liable for tax debts related to such income.
2. Taxation of Pensions Obtained in Spain
Pensions are deemed obtained in Spain when:
- They