Spain introduces new tax haven regulations

On August 30, 2017, Order HFP/816/2017 was published in the Spanish Official Gazette, formally approving Form 232.

Form 232 is an informative statement clarifying related-party transactions and transactions and situations related to countries or territories classified as tax havens. This form will be available exclusively in electronic format

The new form covers periods starting on or after 1 January 2016. The deadline for submission is the month after the ten months following the end of the tax period. That is, if the tax period coincides with the calendar year and the tax period is closed on December 31, the deadline for this new form will be between November 1 and 30.

The form must be completed by Corporate Income Taxpayers, Non-Resident Income Taxpayers with permanent establishment in Spain, as well as foreign entities under the income allocation system.

The new form resembles a more comprehensive version of Form 200 for Corporate Income Tax - its predecessor.

New information required:

* Information on transactions with related persons or entities.

* Transactions with related persons or entities in case of application of reduced income from certain intangible assets (Patent Box).

* Transactions and situations related to countries or territories considered as tax havens.

Conditions to be fulfilled: one of these circumstances must occur (otherwise, there is no obligation to complete this form):

a) Related Transactions - Transactions with the same related person or entity, provided that the consideration amount of all transactions within the tax period exceeds €250,000 at market value.

b) That specific transactions are carried out within a tax period (with one or several related parties), provided that the consideration amount of each type of transaction exceeds €100,000 at market value:

   i) Transfer of real estate.

   ii) Transactions involving intangible assets.

   iii) Transfer of business.

   iv) Transmissions of shares that are not traded on regulated markets or that are admitted to trading on regulated markets located in tax havens.

   v) Transactions conducted by Personal Income Taxpayers for conducting an economic activity to which the objective assessment system applies. This includes activities undertaken with organisations in which such taxpayers or their spouses, children or parents, individually or jointly, hold at least 25% of the share or equity capital.

Regardless of the amount, Form 232 must be submitted for those transactions of the same nature and using the same valuation method, provided that the aggregate amount of such transactions within the tax period exceeds 50% of the entity's turnover.