Spain: Transposition of EU directive (DAC 6) completed

Mandatory disclosure rules requiring intermediaries and taxpayers to report to tax authorities information about certain cross-border transactions

EU Directive 2018/822 (DAC 6) has been transposed into Spanish domestic law

EU Directive 2018/822 (DAC 6)—the mandatory disclosure rules requiring intermediaries and taxpayers to report to tax authorities information about certain cross-border transactions that may represent “aggressive” tax planning—has been transposed into Spanish domestic law.

The mandatory disclosure requirements for intermediaries and relevant taxpayers under the Directive on Administrative Cooperation (DAC 6) entered into force in the European Union (EU) in June 2018 and was effective as of July 2020.  Under the text of DAC 6, the deadline for intermediaries to disclose reportable transactions—the first step of which was implemented between 25 June 2018 and 1 July 2020 (the look-back period)—was initially set for 31 August 2020. For ongoing reporting, starting from 1 July 2020, the deadline was set at 30 days from the relevant reporting trigger. 

However, given the severe disruption caused by the coronavirus (COVID-19) pandemic, the EU allowed EU Member States to defer the DAC 6 reporting deadlines by up to six months (deferral period) to:

  • 28 February 2021 for the look-back period
  • 1 January 2021 for the start date of the 30-day reporting deadline and for arrangements that met one of the reporting triggers during the deferral period

Spain completed the transposition in April 2021.

Read a May 2021 report (Spanish) [PDF 289 KB] and (English) [PDF 254 KB] prepared by the KPMG member firm in Spain

 

 

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