In Spain, draft corporate income tax regulations—now having been released for public comments—follow recommendations made for enhanced transfer pricing documentation and reporting standards, pursuant to the OECD’s base erosion and profit shifting (BEPS) Action 13.
Because the regulations are still in draft form, it is possible that they could be subject to changes before being finalized.
According to the current wording of the draft regulations, beginning from fiscal year 2016, Spain-based multinational entities having a turnover of €750 million or more, would be required to comply with a new country-by-country reporting standard and would be required to file the report in the 12 months following close of the fiscal year.
The first country-by-country reports would be expected to be filed in 2017.
In addition to the country-by-country reporting obligations, Spain-based multinational entities having a turnover greater than €45 million, would be required to file a new, extended version of the Master file report—thereby increasing transfer pricing documentation burden for these entities.
This change would require detailed descriptions of: (1) the supply chain of products or services representing at least 10% of the group’s turnover; (2) the strategy for intangible assets; and (3) the financial structure including agreements with third parties and a list of intra-group financing entities.
The new rules for the Local file would require information on competitors, a comparability analysis, and a detailed description of other non-typical methods (e.g., discounted cash flow) that are now allowed.
Read a March 2015 report [PDF 813 KB] prepared by the KPMG member firm in Spain: Spain near to adopt BEPS Action 13 transfer pricing documentation standards…