Spain: Spain set to introduce modifications to transfer pricing reporting requirements

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Spain: Spain set to introduce modifications to transfer pricing reporting requirements

calle.jpg

cuenca-miguel.jpg

Mario Ortega Calle


Teresa Cuenca Miguel

The Spanish government has recently published a draft Bill regarding corporate income tax regulations. Although it is still under parliamentary discussion, it is expected to be approved in the coming weeks. This draft Bill proposes significant changes to the existing legislation on controlled transactions, the most important of which are the introduction of country-by-country reporting (CbCR) obligations and the reinforcement of the transfer pricing documentation requirements.

New provisions are very much aligned with the latest developments coming from the OECD and its action plan aimed at tackling base erosion and profit shifting (BEPS).

CbCR obligations are to be introduced for Spanish-resident entities considered ultimate parent companies of a group, when the net revenues of such group within the previous 12 months amount to €750 million or more.

This information will be required from 2016 onwards, according to a specific template to be approved by the tax authorities that will accurately follow the recommendations published by the OECD.

In addition, from fiscal year 2018 onwards, Spanish tax authorities will be allowed to demand such information from any subsidiary located in Spain, owned directly or indirectly by a non-Spanish resident entity, provided the latter is not subject to similar requirements in its country of residence, or that there is no automatic information exchange agreement with the territory where it resides.

In connection with the specific transfer pricing documentation requirements, the draft Bill retains the existing double set of documentation – on the group to which the taxpayer belongs, and on the taxpayer itself.

Nonetheless, it adds a large number of new requirements, among which it is worth stressing that exhaustive information on the group's intangible assets and financing activities, comprising both internal and external strategies followed, as well as on its financial and tax positions, is demanded.

Entities belonging to groups with net turnover below €45 million in the preceding year will not be obliged to prepare the master file. Furthermore, taxpayers whose net turnover does not exceed such quantitative threshold could prepare a simplified local file.

However, information on certain specific transactions (for example, those performed with related entities by personal income taxpayers in the course of an economic activity, stock and business transfers, and transactions involving real estate and intangible assets) will not be excluded from the obligation to be reported, and the same will also not be able to be documented according to the simplified template.

It is also highlighted that an authorisation to re-characterise controlled transactions will be included, thus allowing the tax authorities to verify not only the price of such transactions, but also their real nature.

In light of the above, multinational groups operating in Spain should carefully consider how these incoming provisions are likely to impact their tax and transfer pricing policies as well as preparing to have the required information available.

Mario Ortega Calle (mario.ortega.calle@garrigues.com) and Teresa Cuenca Miguel (teresa.cuenca@garrigues.com)

Garrigues – Taxand, Madrid

Website: www.garrigues.com

more across site & shared bottom lb ros

More from across our site

While it’s great that the OECD is alive to multinationals’ fears of being caught in a compliance trap, the ‘common understanding’ illustrates a worrying lack of readiness
Rising demand for specialist expertise has fuelled the growth in tax partner headcounts, Cain Dwyer found; in other news, Switzerland has been urged to reconsider pillar two
An OECD report on the taxation of the digital economy is expected by the end of 2026, according to the group of nations
Trophy assets are evolving from personal indulgences to structured investments, prompting family offices to prioritise tax efficiency, governance discipline, and cross-border compliance
As demand for complex, cross-border private client counsel spikes, Patrick McCormick sees opportunity in starting from scratch
As part of an exclusive global alliance, KPMG will become one of Anthropic’s ‘preferred consultants’ for private equity
In the second part of this series, the focus shifts to how taxpayers can manage ongoing risks across the lifecycle of cross-border structures
Jurisdictions have moved to ensure that multinationals are not punished for late GIR filings due to a lack of available filing portals or exchange relationships
HMRC’s push for unified tax adviser registration won’t prevent every instance of improper conduct, but it is good for taxpayers and the UK’s reputation
Elsewhere, the UAE’s tax office has issued an update on registration penalties and two firms have been busy making lateral hires
Gift this article