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Spain โ€“ United States Tax Treaty

The Spain-United States tax treaty caps withholding on dividends at 15% for portfolio investors and 5% for qualifying direct investment, with interest payments fully exempt at 0%. Royalties are taxed at a uniform 0% across all categories. Private pensions are taxable only in the country of residence, with no withholding at source. This is one of 40 active treaties in Spain's network and one of 64 in United States's. The general dividend rate of 15% compares to a median of 15% across Spain's network and 15% across United States's.

Verified data

IRS Table 1 - Tax Rates on Income Other Than Personal Service Income (Rev. May 2023)

Withholding Rate Summary

Source: IRS Table 1 (Withholding Rates)
Income TypeTreaty RateStatutory Rate (United States)
Dividends (general)

Portfolio investors

15%saves 15%30%
Dividends (qualified)

Beneficial owner is a company holding >= 10% of voting stock

5%saves 25%30%
Interest

Bank interest, bonds, loans

0%saves 30%30%
Royalties (avg)

Patents, copyright, know-how, film/TV

0%โ€”
Pensions

Private pension distributions

0%โ€”
Social Security

Government social security benefits

30%โ€”

โ€œTreaty Rateโ€ is the maximum withholding permitted under this treaty. The actual effective rate may be lower if domestic law provides a more favorable rate independently. โ€œStatutory Rate (United States)โ€ shows the rate that applies when no treaty benefit is claimed. Qualified dividend rate requires: Beneficial owner is a company holding >= 10% of voting stock.

Dividends
General Rate15%saves 15% vs statutory
Qualified Rate5%saves 25% vs statutory
Statutory Rate30%without treaty

The general dividend rate of 15% applies to portfolio investors. A reduced rate of 5% is available when beneficial owner is a company holding >= 10% of voting stock. Without the treaty, the statutory withholding rate on dividends is 30%.

Source: IRS Table 1 (Withholding Rates)

Interest
Treaty Rate0%saves 30% vs statutory
Statutory Rate30%without treaty

Interest payments (bank interest, bonds, loans) are subject to 0% withholding under this treaty, compared to the 30% statutory rate. Interest is fully exempt from source-country withholding under this treaty.

Source: IRS Table 1 (Withholding Rates)

Royalties
Know-how0%
Patents0%
Film & TV0%
Copyright0%

Royalty withholding rates vary by the type of intellectual property. This treaty distinguishes 4 categories, with rates ranging from 0% to 0%.

Source: IRS Table 1 (Withholding Rates)

Pensions & Social Security
Pensions0%exempt at source
Social Security30%withholding at source

Private pension distributions are taxable only in the country of residence, with no withholding at source. Government social security benefits are subject to 30% withholding.

Source: IRS Table 1 (Withholding Rates)

Comparative Context

๐Ÿ‡ช๐Ÿ‡ธSpain's Network

Among Spain's 40 active treaty partners, the 15% general dividend rate ranks 39th (median: 15%).

PartnerRate
Sweden15%
Slovak Republic15%
Turkey15%
United States (this treaty)15%
Vietnam15%

๐Ÿ‡บ๐Ÿ‡ธUnited States's Network

Among United States's 64 active treaty partners, the 15% general dividend rate ranks 26th (median: 15%).

PartnerRate
Denmark15%
Estonia15%
Egypt15%
Spain (this treaty)15%
Finland15%
France15%
United Kingdom15%

Frequently Asked Questions

What is the dividend withholding rate under the Spain-United States tax treaty?
The general dividend withholding rate is 15%. A reduced rate of 5% applies when beneficial owner is a company holding >= 10% of voting stock. Without the treaty, the statutory rate is 30%. Source: IRS Table 1 (Withholding Rates).
What is the interest withholding rate between Spain and United States?
The treaty rate on interest is 0%, compared to the 30% statutory rate. Source: IRS Table 1 (Withholding Rates).
How are pensions taxed under the Spain-United States treaty?
The treaty withholding rate on pensions is 0%. Source: IRS Table 1 (Withholding Rates).

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