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April 29, 2024
Question

Is my Spanish Social Security pension taxable if I am a resident of Spain?

  • April 29, 2024
  • 1 reply
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I am a US citizen, permanent resident of Spain and receiving Social Security retirement pension paid by the Spanish Social Security system.

The US-Spain tax treaty reads as follows:

 (a) pensions and other similar remuneration derived and beneficially owned by a resident of a Contracting State in consideration of past employment shall be taxable only in that State; and

(b) social security benefits paid by a Contracting State to a resident of the other Contracting State or a citizen of the United States may be taxed in the first-mentioned State.

 

According to that, I understand that Spanish Social Security retirement pension, while residing in Spain, is not taxable in the US and should not be included in 1040. Am I correct?

1 reply

jlf_spainAuthor
April 29, 2024

In addition to the excerpt in my previous post, these are all the documents of the US-Spain Tax Treaty:

https://www.irs.gov/businesses/international-businesses/spain-tax-treaty-documents

Best