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Tax authorities

Ministry of Finance
C/. Alcalá, 9 - Planta Baja. 28071-Madrid
Tel: +34 91 595 83 48 – 34 91 595 83 49
Website: www.mineco.es/portal

Tax rates at a glance

(As of August 15 2009) 

Corporate income tax rate 30% (a) (b)
Capital gains tax rate 30% - 18% (c)
Branch tax rate 30% (d)

Withholding tax
General tax rate for non-residents 24%
Dividends 18%
Interest 18%
Capital gains 18%
Royalties 24% - 10% (e)
Branch remittance tax 18% (f)

Net operating losses (years)
Carryback Not permitted
Carryforward 15

(a) Effective 15% tax rate (a 50% reduction of tax base) applicable to income deriving from the licensing of certain intangible assets if certain requisites are met.
(b) For small and medium-sized companies (as legally defined), the tax rate is 25%, applicable to the first €120,202.41 ($172,200) of taxable income. Any taxable income more than that amount is taxed at 30%.
(c) There is no special capital gains tax rate although, if some requirements are fulfilled, it may apply a 12% tax credit for reinvestment of extraordinary income.
(d) General tax rate applicable to non-residents with permanent establishment in Spain.
(e) Royalty payments to entities or permanent establishments residing in the EU are subject to a 10% rate under certain circumstances (a 0% rate will be applicable as of July 1 2011).
(f) This tax would be additional to that already borne by the permanent establishment on its income (30% on revenues net of expenses). Nevertheless, the Spanish Corporate Income Tax Law provides protection to the other EU member states and also exempts from taxation income obtained in Spain through permanent establishments by entities resident for tax purposes in a state that has signed a tax treaty with Spain which does not expressly provide otherwise, provided that there is reciprocal treatment (unless it resides in a tax haven).

Source: Garrigues, the Spanish member of Taxand, the global network of leading independent tax firms

Tax

New transfer pricing legislation in Spain has kept tax professionals busy this year. Taxpayers have experienced an increase in litigation as the tax authorities work hard to make sure the rules are applied properly. Advanced pricing agreements have increased ... [more]

Cuatrecasas, Gonçalves Pereira remains a dominant force in the Spanish tax market. The firm, previously known as Cuatrecasas, became fully integrated with its Portuguese counterpart in 2003. Early this year both firms changed their names to avoid confusion ... [more]

Ricardo Gómez, head of tax at Garrigues - Taxand, is a highly respected figure in Spain. He is recommended by numerous peers with one referring to him as "one of the best regarded professionals in the country". Another says he has "large doses of common ... [more]

Uria Menendez's tax group comprises eight partners and 50 lawyers. They have offices in Madrid, Barcelona, Valencia and Bilbao. They have advised an impressive list of clients this year including Kodak, Iberdrola and Alcoa. They assisted Banco Santander ... [more]

Luis Briones at Baker & McKenzie is highly recommended. One peer described him as "an authority and very highly regarded". The firm provides a full range of tax services including transfer pricing, litigation and real estate taxation. Their client list ... [more]

Deloitte, headed by Luis Fernando Guerra, has advised an impressive list of clients this year including BBVA, Santander and Telefónica. The team offers a full range of tax services. They advised Alcoa on the preparation of a European master file, which ... [more]

Freshfields Bruckhaus Deringer's tax department is led by Miguel Klingenberg. The team advises a number of large multinationals and 70% of their clients are financial institutions. Partner Miguel Lorán advised la Caixa on the acquisition of Morgan Stanley's ... [more]

One industry commentator called KPMG "the best big-four firm in Spain". He said the firm is "leading in tax" and has "made significant investments over the year". Two partners José Maria Vallejo and Rafael Nunez joined this year. Vallejo was previously ... [more]

Landwell - PricewaterhouseCoopers provides a full range of tax services. The team is especially noted for its expertise in transfer pricing. The firm has 20 offices across Spain. Partner Javier Ribas and senior manager Assumpta Zorraquino write a blog ... [more]

Clients praise Ashurst for its "creativity, very good technical skills, and for being proactive". Head of tax Eduardo Gracia is highly regarded by both clients and competitors. He works alongside six other lawyers. The team advised one of the largest ... [more]

Jose Ignacio Jiménez-Blanco is highly recommended. He is a partner in the Clifford Chance team. He specialises in international tax and tax structured finance. The team provides advice on all areas of tax including banking and finance tax, M&A, VAT and ... [more]

Peers particularly praise Ernst & Young's domestic tax work and say the practice is very active on the Spanish tax market. The firm has 14 offices in Spain offering advice on all tax areas including litigation, transfer pricing and transactional tax ... [more]

Gomez-Acebo & Pombo incorporated the tax boutique Padrol Munté in January 2009. As such, the firm's tax capabilities have increased significantly. They are now 27 tax professionals with four partners. The firm has advised a number of high profile clients ... [more]

Carlos Albiñana, partner and head of tax Allen & Overy, is well respected on the Spanish tax market. He is recommended by peers for his M&A tax advice. He also advises on national and international tax planning, real estate transactions and employee ... [more]

Latham & Watkins opened its Spanish tax practice in February with the arrival of Jordi Domínguez from Garrigues. The firm, a new entry this year, is in the process of building its tax team. Domínguez is advising Beckman Coulter on the acquisition of ... [more]

Linklaters lost renowned partner Nicolas Martin this year after he left to join Herbert Smith. The firm now has one tax partner, Javier Garcia-Pita, who advises the main financial entities in Spain.

Lovells, another new entry this year, is highly respected by peers and is described as "a very active team". Miguel Angel Sanchez is head of the practice. He had a long career with the Spanish tax administration before joining the firm.

See also

Spain
Western Europe (Regional Rankings)

Law firm contact details