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New transfer pricing reporting

23/10/2017
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On August 31, Ministerial Order HFP/816/2017 of August 28, 2007 has approved form 232 for the reporting of transactions with related parties and transactions or situations with entities in countries or territories classified as tax havens.

For fiscal years beginning on or after 1 January 2016, Spanish resident companies and permanent establishments located in Spain should report, using the new tax form 232, their related-party transactions and tax haven dealings/holdings (as of 2015, this information was included in the corporate income tax returns).

This reporting form should include:

a) As a general rule, related-party transactions subject to documentation obligations, carried out with the same related party when they totalled EUR 250,000 or more (excludes transactions exempt from documentation);
b) Some specific types of related-party transactions (those excluded from the simplified documentation regime) exceeding of EUR 100,000;
c) Related-party transactions, regardless of their amount, of the same type and using the same valuation method when they exceed 50% of turnover; and
d) Related-party transactions involving the license of intangible assets to related parties and applying the “patent box” regime, regardless of their amount;
e) The transactions carried out with entities in tax havens or the securities held in tax havens, regardless of their amount.

This reporting form should be exclusively filed in electronic format on the tax office’s website, during the eleventh month following end of the tax period (e. g. for companies that closed their fiscal year on 31 December 2016, the filing month will be November 2017).