DAC 6: Regulations completing transposition of the directive in Spain have been published
Spain Tax Commentary
Law 10/2020 of December 29, 2020 published on December 30, 2020 (see our alert on this law), transposed into Spanish law Council Directive (EU) No 822/2018 of 25 May 2018, on the mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements (DAC 6), through two additional provisions in the General Taxation Law (LGT).
The April 7, 2020 edition of the Official State Gazette (BOE) published the regulations completing that transposition, apart from approval of the relevant reporting forms. These were published in Royal Decree 243/2021, of April 6, 2021 which amends the general regulations on tax management and audit work and procedures and implementing the common rules on procedures to manage, collect and audit taxes (Royal Decree 1065/2007 of July 27, 2007).
This royal decree implements, among other elements, (i) the requirements to be fulfilled by cross-border arrangements, (ii) the role of intermediaries with whom the main reporting obligation lies, and (iii) the information making up the mandatory content of that report. It also contains the rules determining when the reporting obligation arises and the time period for communicating the information.
Here is a summary of the key elements of the transposition of DAC6 in Spain, looking at the law and regulations mentioned:
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