Spain: Recent tax reforms: time to review your structure?

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: Recent tax reforms: time to review your structure?

bootello.jpg

de-la-cueva.jpg

Vicente Bootello


Alvaro de la Cueva

Recent months have seen a flurry of activity by the Spanish government in the tax area. On the one hand, as we have pointed out in earlier articles, various tax laws are being amended; on the other, Spain is renegotiating, one by one, the longest standing tax treaties, some of which are with major trading partners. In particular, the most relevant reforms recently approved include the following:

  • Effective for tax periods beginning on or after January 1 2012, thin capitalisation rules have been eliminated and a new rule has been introduced to limit net finance costs.

  • And for FY 2012 to FY 2015:

  • Rules regulating tax prepayments have been changed, with a view to accelerating the collection of corporate income tax.

  • Restrictions have been imposed on the limitation of tax losses.

  • Limitations have been introduced on the deductibility of goodwill disclosed on business acquisitions (1% is deductible per year, versus 5% previously) and on the deductibility of intangibles (2% instead of 10%).

At the time of writing this piece, the elimination of the deductibility of impairment losses on interests in the capital or equity of subsidiaries (Spanish or foreign) is on the verge of being approved, as is the elimination of the deductibility of losses incurred abroad through permanent establishments or unincorporated joint ventures.

Also, in recent months several tax treaties signed by Spain have been the subject of renegotiation:

  • Germany (applicable since January 1 2013): the dividend withholding tax rate is limited to 5% under certain conditions (being 15% in other cases); withholding tax on interest and royalties has been eliminated; and a provision on the taxation of gains on the disposal of shares in real estate companies (not envisaged in the previous treaty) has been inserted, as has a provision on limitation of treaty benefits.

  • UK (in the process of being ratified): under certain circumstances, withholding tax is eliminated on dividends, interest and royalties, while the taxation of gains on the disposal of shares in real estate companies is now envisaged.

  • US: in January 2013, a new protocol to the 1990 tax treaty was signed eliminating, under certain circumstances, (i) withholding tax on dividends, interest and royalties and (ii) taxation on gains on the sale of shares (except in the case of real estate companies), but inserting a new provision limiting treaty benefits.

  • Other tax treaties under negotiation: the Spanish tax authorities are negotiating some others, with the Netherlands in particular.

As a result of all these new developments, some of the investment and financing structures in Spain, or through Spain in third countries, that were tax efficient in years past may no longer be so. This is why it would perhaps be advisable to review such schemes to see if they are still fit for purpose as regards the business and investment objectives envisaged originally.

Vicente Bootello (vicente.bootello@garrigues.com) and Alvaro de la Cueva (alvaro.de.la.cueva@garrigues.com)

Garrigues Taxand

Tel: +34 91 514 52 00

Website: www.garrigues.com

more across site & shared bottom lb ros

More from across our site

The firms made senior hires in Los Angeles and Cleveland respectively; in other news, South Korea reported an 11% rise in tax income, fuelled by a corporation tax boom
The ‘deeply flawed’ report is attempting to derail UN tax convention debates, the Tax Justice Network’s CEO said
Salim Rahim, a TP specialist, had been a partner at Baker McKenzie since 2010
While the manual should be consulted for any questions around MAPs, the OECD’s Sriram Govind also emphasised that the guidance is ‘not a political commitment’
The landmark Indian Supreme Court judgment redefines GAAR, JAAR and treaty safeguards, rejects protections for indirect transfers and tightens conditions for Mauritius‑based investors claiming DTAA relief
The expansion introduces ‘business-level digital capabilities’ for tax professionals, the US tax agency said
As tax teams face pressure from complex rules and manual processes, adopting clear ownership, clean data and adaptable technology is essential, writes Russell Gammon, chief innovation officer at Tax Systems
Partners want to join Ryan because it’s a disruptor firm, truly global and less bureaucratic, Tom Shave told ITR
If Trump continues to poke the world’s ‘middle powers’ with a stick, he shouldn’t be surprised when they retaliate
The Netherlands-based bank was described as an ‘exemplar of total transparency’; in other news, Kirkland & Ellis made a senior tax hire in Dallas
Gift this article