
Important technical correction
Please note that legally, the Spanish Authorities would not have an automatic obligation to allow the tax credit under Article 22, because under Article 11, the UK does not have taxing rights over the income in the first place.
In practice, I have seen this exact scenario - where the Spanish authorities have still allowed a tax credit in these situations (but as above, not legally under Article 22). So the practical reality is that you may still be able to obtain tax relief in Spain.
However, that's not to say that the Spanish authority's treatment has been correct under their domestic law. It could be that for practical purposes, the tax at stake has been minimal for Spain in the examples I have seen, so they have simply allowed the relief and decided not to fight these cases.
But for this reason, I wouldn't rely on this practical outcome if I were a taxpayer in this situation, and would always aim to ensure my position was legally sound under the DTT / domestic law. Because even if Spanish authorities have been relaxed on this in the past, it could take just one enforcement officer to take a stricter view and then the taxpayer is suddenly exposed. So technically speaking the most accurate way of correcting the issue is for the taxpayer to request a refund from HMRC and then pay Spanish taxes.
Businesses collect consumption taxes to relieve individuals from yearly reporting and must monitor customers worldwide to apply location-specific rules and thresholds for compliance.
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This course is educational and aimed at providing you a fundamental insight into the key concepts of international tax. The content of the course in no way constitutes specific advice to your specific circumstances. I accept no liability for any reliance placed upon the content of the course or references, therein. If you need specific assistance, you should consult with an appropriately qualified accountant or lawyer who can provide you with tailored advice concerning your situation.