The Royal Decree 243/2021 dated 6 April 2021 (RD 243/2021) was published in the Spanish Official Gazette, further enhancing the implementation of DAC6 in Spain through the amendment of the General Regulations on Tax Proceedings, as approved by Royal Decree 1065/2007 dated 27 July 2007.
The provisions of the RD 243/2021 are in line with DAC6 and cover (i) the definition of reportable cross-border arrangement; (ii) the determination of the persons obliged to report in their capacity as intermediaries or relevant taxpayers ; (iii) the determination of when a reporting obligation falls within the competence of the Spanish tax authorities and relevant tie-breaker rules; (iv) the clarifications on certain hallmarks; and (v) the content and deadlines for the three different reporting obligations (i.e. initial reporting on cross-border arrangements, periodic update on marketable arrangements and reporting about the use of cross-border arrangements).
Source DLA Piper
