Double taxation agreements in force in Spain

Double Taxation Agreements in Spain

If you are liable for tax in two countries, the treaty prevents you from paying tax twice. We apply it correctly.

Agreement for the Avoidance of Double Taxation (CDI)

If you live or work in two countries, the same income will likely be subject to tax in both. Double taxation agreements are in place to prevent this. We determine which one applies to your situation and handle it correctly.

Problems we solve

International companies setting up in Spain without specialist support often encounter the same difficulties:

  • Uncertainty as to where each type of income is taxed
    Salaries, dividends, pensions, royalties and capital gains are subject to different allocation rules depending on the applicable treaty. Not knowing which rules apply in each country creates a tax risk for both parties.
  • Effective double taxation due to the non-application of the treaty
    Without active management, many taxpayers end up paying tax in both countries without making use of the tax exemption or credit mechanisms already provided for in the treaty.
  • Excessive withholding tax on cross-border income
    Withholding tax applied to non-residents (dividends, interest, royalties) often exceeds the limits agreed in the DTA. Recovering it requires knowledge of the correct procedure.
  • Tax residence disputes between two countries
    Where two tax authorities claim tax residence over the same person, the convention sets out tie-breaker rules which must be applied precisely and properly documented.

Spain has signed double taxation agreements with more than 90 countries. Most of these follow the OECD Model, but each agreement has its own specific features. Applying the wrong agreement or ignoring its limitations comes at a real cost.

Who is this service for:

Determining residence status

We analyse your personal circumstances to determine in which country you are a tax resident and what implications this has for each source of income you generate.

Implementation of the relevant agreement

We identify the applicable double taxation agreement, interpret its provisions in line with your type of income, and correctly apply the method for eliminating double taxation.

Statutory reduction in the tax burden

We optimise tax arrangements within the current legal framework: exemptions, tax credits and revenue structures that are compatible with the relevant treaties.

Management of international withholding tax

We check whether the deductions made comply with the limits set out in the CDI and, where appropriate, arrange for their refund from the relevant tax authority.

Income that typically affects our clients

Wages and remuneration for employment
Dividends and interest from foreign sources
Rental income from properties located outside Spain
Capital gains on the sale of assets
Private or public pensions from abroad
Fees, royalties and digital revenues

Double Taxation Agreements in Spain

Conducting business between two countries without proper tax planning can mean paying tax twice on the same income. When the treaty is applied correctly, it is a structured process that removes that burden entirely within the law.

We determine your tax residence, identify the applicable Double Taxation Agreement (DTA) and manage all types of income – wages, dividends, pensions and royalties – so that you pay tax only where you should and not a single euro more.

Spain has double taxation agreements in force with more than 90 countries. We are familiar with their provisions and know how to apply them.

Frequently Asked Questions

Does Spain have a bilateral agreement with my country of origin?
Spain has double taxation agreements in force with more than 90 countries, including all EU Member States, the US, the UK, Japan, China, Mexico, Argentina and many others. If no such agreement exists, Spanish domestic tax legislation applies unilaterally, which may result in a higher tax burden. We check this during the initial consultation.

What does it mean for a CDI to follow the OECD Model?
Most of the treaties signed by Spain are based on the OECD Model, which establishes a common framework for the allocation of taxing rights between states. This facilitates interpretation, although each treaty may contain significant variations that need to be analysed separately.


What methods are available to eliminate double taxation?
The two main methods are exemption (the income is taxed in only one country, whilst the other grants an exemption) and tax credit (the income is taxed in both countries, but the second country allows a deduction for the tax paid in the first). The method applied depends on the treaty and the type of income.

What is the mutual agreement procedure (MAP)?
The MAP (Mutual Agreement Procedure) is the mechanism provided for in Double Taxation Agreements (DTAs) to resolve disputes over interpretation between two tax authorities. If both countries claim the same tax and no direct agreement can be reached, the MAP allows the competent authorities to negotiate a solution. It is a technical and lengthy process; we manage it from start to finish.

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