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Spain

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Tax authorities

Taxation Agency
37 Infanta Mercedes Street, 28020 Madrid
Tel: +91 583 89 97
Fax: +91 583 70 05
Website: www.agenciatributaria.es

Tax rates at a glance

(As of September 2012)

Corporate income tax 30%
Capital gains
Branch tax 30%/ 21% (a)
Withholding tax
  Dividends 0% to 21% (b)
  Interest 0% to 21% (c)
  Royalties from patents and licences 0% to 24.75% (d)
  Branch remittance tax
Net operating losses (Years)
  Carryback
  Carryforwards
  1. Branches of foreign companies are taxed at same rate as domestic companies, in addition to a 21% branch profits tax is imposed on after-tax profits remitted to a foreign head office. The branch profits tax does not apply to branches of EU entities or entities based in a country that has signed a tax treaty with Spain.
  2. Intercompany payments to residents of other EU member states are subject to an exemption if the foreign parent company has continuously held a minimum of 10% of the share capital of the Spanish company for one year before the dividends are declared.
  3. The higher rate applies unless reduced under a tax treaty or exempt under the EU interest and royalties directive.
  4. Royalties paid to a non-resident company outside the EU are subject to the higher rate unless the rate is reduced under a tax treaty.

Tax

Tax controversy is one of the biggest topics in Spain this year with transfer pricing disputes, especially, increasing significantly. "Tax litigation has been a very hot topic. We see a significant amount of controversy in relation to the interpretation ... [more]

Cuatrecasas, Gonçalves Pereira is one of Spain's most prominent and widely respected firms. Competitors consistently praise the firm for its strong capabilities and quality of service. "Cuatrecasas absolutely belongs in tier one," said one peer.The tax ... [more]

Garrigues – Taxand has a remarkable presence with extensive experience – 100 of its 700 professionals are partners. The practice is led by Eduardo Abad.Antonio Matute and Itxaso Berrojalbiz advised Iberdrola, the energy company, on a complex cross-border ... [more]

Uría Menéndez has a solid reputation in the Spanish market and has consistently held its top-tier position. The tax practice is led by Rafael Fuster who manages a team of 10 partners and 16 fee earners.The tax department has worked on a large number ... [more]

Baker & McKenzie has a favourable position in the market and is respected by its competitors for its cross-border capabilities.The firm operates from offices in Barcelona and Madrid and has a team of 13 partners and 26 fee earners. Rodrigo Ogea manages ... [more]

Deloitte has a strong tax practice with more than 300 professionals and 27 partners. The tax department is managed by Luis Fernando Guerra, who is also managing partner of the Deloitte firm in Spain.As a multidisciplinary firm, it covers all matters ... [more]

KPMG has a strong presence across Spain with offices in 12 locations around the country. The firm's tax department is its strongest and represents 70% of the firm's total turnover.Maria José Aguilo is the firm's head of tax and leads a team of 39 partners ... [more]

Ashurst has built a good reputation in the Spanish market. Eduardo Gracia, who is head of department and someone who is known outside Spain, is responsible for a lot of this impact.For example, Gracia was re-elected for the third time as Spanish private ... [more]

Dentons has more than 30 tax lawyers in Barcelona and Madrid. Three senior associates have joined the team in Madrid. The firm has a number of leading clients in the energy, life sciences and real estate sectors. Work this year, led by Lourdes Pérez-Luque, ... [more]

With a large team of 25 partners and 380 fee earners, Ernst & Young has strong capabilities and holds a good position in the market.Under the leadership of Federico Linares Ernst & Young's tax department expanded this year with the addition of include ... [more]

The Latham & Watkins tax team is establishing a growing presence in the market and gaining recognition by peers for its transactional and cross-border tax work.Jordi Domínguez manages the department, which has professionals in the Madrid and Barcelona ... [more]

DLA Piper has a strong reputation for corporate tax work. The team is also active on capital market transactions.The head of department is Carlos Rodríguez who manages a team of three fee earners. "They acted for us briefly in regards to the structuring ... [more]

Other work included advising the Emira Group on VAT issues related several real-estate acquisitions.Simmons & Simmons is active on a wide range of domestic and cross-border tax issues, with a particular focus on banking, capital markets and financial ... [more]

Sonia Buxaderas heads the Baker Tilly tax department in Spain, which includes two partners and 12 fee earners. The team specialises in advisory services focused around compliance tax and international VAT.The firm advised a Spanish and Portuguese gift ... [more]

See also

Spain
Western Europe

Firm contact details