Guide · OECD Model Tax Convention

Double tax treaties: who taxes each type of income.

A treaty does not create taxes: it allocates between two States the right to tax each type of income and sets out how double taxation is relieved. Reading it correctly is the difference between paying once or twice.

Guide
02 / 05
Reading time
10 min
Last reviewed
November 2026

What a treaty is and when it applies

Double tax treaties are bilateral agreements that Spain has signed with a large number of countries, mostly following the OECD Model Tax Convention. They take precedence over domestic law and apply to persons resident in one or both of the contracting States.

Before applying a treaty you need to confirm three things: that it is in force, that the person is resident for its purposes and that the income and the tax fall within its scope.

How taxing rights are allocated

Each type of income has its own article. In some cases it is taxed only in the State of residence; in others, the source State may tax it up to a limit.

Allocation by type of income under the OECD Model
Type of incomeOECD Model articleGeneral ruleSource-State limit
Income from immovable propertyArt. 6The State where the property is located may taxNo limit: the State where the property is located may tax in full
DividendsArt. 10Residence, with limited source taxationOECD Model: 5% (company holding at least 25% of the capital) and 15% in all other cases
InterestArt. 11Residence, with limited source taxationOECD Model: 10%
RoyaltiesArt. 12ResidenceOECD Model: no withholding; many of Spain’s treaties allow limited withholding
Capital gainsArt. 13Depends on the nature of the assetImmovable property and assets of a permanent establishment: State where located; otherwise, generally, residence
Employment incomeArt. 15Place where the employment is exercised, with exceptionsResidence only if the stay does not exceed 183 days in twelve months, the payer is not resident in the source State and the remuneration is not borne by a permanent establishment there
Private pensionsArt. 18ResidenceNo source taxation (public pensions follow art. 19)

Methods for eliminating double taxation

When both States may tax, the State of residence relieves double taxation by exemption or by credit. Spain generally applies the credit method: the foreign income is included and the tax paid in the other country is deducted, up to a limit.

Formal obligations

To apply the treaty limits at source, a certificate of tax residence from the other State is usually required. If too much tax has been withheld, the refund is claimed in the source country, with each country’s own deadlines and forms. To avoid this, many countries allow the treaty limit to be applied at the time of payment if the recipient proves residence beforehand (in the US, for example, with Form W-8BEN).

Frequently asked questions

01What happens if there is no treaty with the other country?

Only the domestic law of each State applies. In Spain, the credit under art. 80 LIRPF remains available to residents.

02Who issues the residence certificate in Spain?

The Spanish Tax Agency (AEAT), through its online portal (sede electrónica), for tax residents of Spain.

03Can the treaty make my tax position worse?

It should not: a treaty limits the right to tax, it does not extend it. However, its anti-abuse clauses can deny benefits to certain structures.

This guide is for general information and does not replace the analysis of a specific case. Check the legislation cited in its current wording.

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