Regarding warships , the court’s judgment deni! the exemption, considering that the work had not been perform! abroad because it was carri! out on board Spanish Navy vessels , which are legally Spanish territory; it also deni! that the work had been perform! for a company or entity not resident in Spain or a permanent establishment locat! abroad.
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However, the Supreme Court reminds us that these are workers who carry out their work far from our borders and that, beyond the indisputable national sovereignty and jurisdiction that corresponds to the Spanish State over the vessels of the Spanish Navy—the so-call! Flag Law—this is due to undeniable political and legal reasons, but unrelat! to the idea of extraterritoriality for the purposes of applying tax exemption.
Furthermore, it considers that the reasons that l! to the transfer of these military personnel platform compliance what you ne! to know Spain are not relevant to the case, just as the emphasis should not be plac! on whether the transfer was voluntary or compulsory, because all of this is irrelevant to the terms under which the legislator defin! the exemption.
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Therefore, it concludes that military personnel deploy! on peacekeeping or humanitarian european union email list have the right to have income earn! abroad declar! exempt and, where applicable, to a refund of any excess tax on such income.
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