Identify the benefit before applying the treaty
Distinguish Social Security, government-service pensions, past-employment pensions and account distributions. The name used by a provider is not enough to establish the Spanish legal classification.
A&G Tax Consulting
US pensions and retirement accounts in Spain
Before drawing a pension, taking a distribution or moving to Spain, understand which Spanish tax questions your retirement arrangements raise. Each account and payment is reviewed on its own terms.
Who the service is for
Plan a retirement payment before making the decision
People living in Spain or planning to relocate who have US Social Security, employment pensions, IRA, Roth IRA or 401(k) rights. Also suitable for a specific planned distribution, provided the scheme documents and relevant history are available.
What we can review
IRA, Roth IRA and 401(k)
Review plan terms, funding, prior tax treatment, withdrawals and any proposed transfer or conversion. A US exemption or tax-deferred status is not assumed to have the same effect in Spain.
Distributions and foreign tax
Review residence in the relevant period, the treaty and protocol, US withholding and any Spanish relief that may be available. Periodic payments, lump sums and account movements are not treated as interchangeable.
A decision-specific written review
The proposal can cover a planned withdrawal or compare documented scenarios if simulations are expressly contracted and reliable data are available. Investment recommendations and US tax-return preparation are not included.
Documents after engagement
The final list depends on the work contracted. Do not send sensitive documents with your initial enquiry; we agree a suitable secure channel after confirming the engagement.
- Plan rules or custodial agreement identifying the arrangement and beneficiary rights.
- Contribution and conversion history, including information on whether contributions were taxed.
- Distribution statements, proposed transaction details and relevant withholding certificates.
- Residence history and any prior written advice from your US professional.
Individual analysis
This page does not assign a universal Spanish treatment to US retirement accounts. The result depends on the arrangement, the facts, the tax period and applicable rules. Do not make a withdrawal or conversion solely on the basis of this page.
Questions before starting
Are Social Security, IRA and 401(k) payments reviewed in the same way?
They should first be identified separately. Social Security, public-service pensions, employment pensions and account distributions can raise different treaty and Spanish classification questions. The provider's product label is not a complete legal analysis.
Should I withdraw a lump sum before moving to Spain?
This page cannot determine the right timing for your case. Before acting, prepare the relocation dates, scheme terms, contribution history and proposed payment. A decision-specific written review can then be agreed without assuming that a pre-move payment is always preferable.
Does converting or transferring an account have the same effect as a withdrawal?
Do not assume they are interchangeable. A proposed rollover, conversion, transfer or distribution needs to be described precisely and assessed under the relevant Spanish rules, with US consequences reviewed by the appropriate professional.
Which documents should I prepare for the pension review?
Prepare the plan or custodial terms, contribution and conversion history, payment statements, withholding certificates and residence timeline. Do not attach these sensitive records to the public enquiry; a suitable channel is agreed after engagement.
Does the service include investment advice or US tax returns?
No. The proposal defines the Spanish tax work and written deliverables. Investment recommendations, US returns and work by external professionals are not automatically included; any required coordination or additional work must be agreed separately.
Scope and working method
A written proposal before work begins.
An initial enquiry assesses whether we can assist; it is not a professional tax opinion. A one-off engagement is possible without a monthly subscription.
What you receive
The proposal defines the deliverables. Depending on the work contracted, these may include a written report, reasoned conclusions and legal references, Spanish tax obligations and a timetable within scope. Simulations require an express agreement and sufficient reliable data; they are not automatically included in every consultation.
Scope and fees
We provide an individual quote before starting. Quoted fees include applicable indirect taxes. Payment is made in advance by bank transfer. Additional services are quoted and agreed before they are performed. No payment is collected on this website.
Communication in writing
Communication and professional advice are provided in writing. Telephone or video calls take place only when expressly included in the proposal. A translated page does not promise oral service in that language; the working language is agreed before engagement.
What is not automatically included
Tax returns, representation, ongoing compliance and external professionals are included only if expressly agreed. A&G provides the agreed Spanish advice; foreign-law advice and filings require the appropriate professional. Coordination with your existing adviser requires your authorisation.
Professional responsibility
Alejandro Pérez Hernández
Graduate in Economics · Master's in Tax Advisory · Colegio de Economistas de Tenerife, member no. 636.
Based in Tenerife. Spanish and international tax advisory within the scope agreed with each client.
Professional profile (Spanish)Describe the decision you need to make.
Tell us the countries involved, the issue and any relevant deadline. We will assess whether we can help and define the next step in writing.