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Spain

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Tax authorities

Taxation Agency
37 Infanta Mercedes Street, 28020 Madrid
Tel: +31 91 583 70 00
Website: www.agenciatributaria.es

Tax rates at a glance

(As of August 2011) 

Corporate income tax 30%
Capital gains tax 30% - 18%
Branch tax 30%
 
Withholding tax
General tax rate for non-residents 24%
Dividends 19%
Interest 19%
Capital gains 19%
Royalties 24% - 0%
Branch remittance tax 19%
 
Net operating losses (years)
Carryback Not permitted
Carryforward 15
  • An effective corporate income tax rate of 15% (a 50% reduction of tax base) is applicable to income deriving from the licensing of certain intangible assets if certain requisites are met (patent box regime).
  • For small and medium-sized companies (as legally defined), the corporate income tax rate is 25%, applicable to the first €300,000 ($434,000) of taxable income; any taxable income more than that amount is taxed at 30%. For microenterprises (as legally defined and certain requirements are met), the corporate income tax rate is 20% applicable also to the first €300,000 of taxable income; any taxable income more than that amount is taxed at 25%.
  • 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.
  • 30% is the general branch tax rate applicable to non-residents with a permanent establishment (PE) in Spain.
  • As if July 1 2011 royalty payments to associated entities or permanent establishments (PE) residing in the EU are not subject to withholding tax under certain circumstances.
  • Branch remittance tax would be additional to that already borne by the PE 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 PEs 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).
  • Spanish legislation allows for the possibility of non-residents (residents in the EU) without a PE deducting expenses that are related and directly linked to income-deriving activities in Spain, although these expenses are not in principle computed for withholding tax purposes, which could entail having to claim the relevant refund afterwards.

Source: Professionals from Garrigues - Taxand

Tax

Restructuring and litigation have been common issues for Spanish tax advisers this year. The Spanish financial sector has been substantially restructured with the Spanish savings banks and related companies all seeking help from tax advisers to streamline ... [more]

Cuatrecasas Gonçalves Pereira is renowned in the Spanish market for the strength of its tax department. The firm has specialist knowledge across all areas of tax and several practitioners at the firm are identified as market leaders. Luis Bravo and Carlos ... [more]

Ernesto Jiménez leads the tax practice at Garrigues - Taxand in a department with 96 partners and 501 more fee earners. This makes the firm by far and away the biggest in the Spanish market. Competitors recognise the firm's huge capacity for work in ... [more]

Uría Menéndez's tax practice is led by Rafael Fuster with nine other partners and 50 fee earners completing the department. Competitors rate the firm very highly and one noted: "They deserve to be recognised among the top tax practices in Spain. They ... [more]

The tax team at Baker & McKenzie consists of 10 partners and 27 further fee earners and is led jointly by Pedro Aguarón in Barcelona and Rodrigo Ogea in Madrid. Tax partner Luis Briones was recently promoted to managing partner of the firm's Madrid office. ... [more]

Deloitte has expanded its Spanish tax practice with 93 professionals joining in the past year. The majority of these advisers have joined the firm's corporate tax and international tax service lines. The department now has 27 partners after promotions ... [more]

Miguel Klingenberg is the head of the tax department of Freshfields Bruckhaus Deringer which comprises three partners and six other fee earners. Much of the department's work is closely tied to the transactions handled by the firm's other practices and ... [more]

Maria José Aguilo is the head of the tax practice at KPMG. The department is completed by 35 other partners and 397 fee earners. The firm has added 12 partners and senior associates this year with Fernando Marcos, formerly of the tax authorities, a notable ... [more]

Landwell is part of the PwC network and their tax practice provides advice on corporate income tax, international tax, transfer pricing, indirect taxes and specific regional taxes within Spain. The firm has a good reputation for its indirect tax work. ... [more]

The tax practice of Ashurst is led by Eduardo Gracia who is respected by his peers for his ability in transfer pricing. One of his contemporaries said that he is "A bright lawyer and his specialisation in transfer pricing is well regarded by everyone ... [more]

The Spanish tax practice of Clifford Chance handles a range of tax issues. Most of the department's work is associated with its real estate, corporate and banking departments' activity. Rivals note the quality of the firm's work in capital markets and ... [more]

Federico Linares leads the tax department of Ernst & Young and is said by his competitors to be one of the best advisers in Spain for cross-border structuring and international tax. "He has done better than his competitors in the international tax practice," ... [more]

Gómez-Acebo & Pombo's tax team supports thework of other departments such as corporate/M&A, banking and intellectual property (IP) and stand-alone tax work such as international tax planning and restructuring, tax litigation and indirect tax advice. ... [more]

Miguel Ángel Sánchez is the head of Hogan Lovells's Spanish tax department and is supported by four fee earners. The team handles a range of tax issues for clients including M&A, cross-border structuring, indirect tax and tax litigation. The department's ... [more]

Latham & Watkins has a well respected, if small, tax practice. One rival said of their practice: "We have the highest regard for the professionals there. They are capable of giving good quality advice but they are quite small." Jordi Dominguez chairs ... [more]

The tax department of Pérez-Llorca is led by former Ernst & Young adviser Javier Fernández Cuenca and tax litigation specialist Clara Jimenez. Jimenez has significant financial sector experience, having previously led the in-house tax team at Bankinter. ... [more]

Allen & Overy's Spanish tax practice is led by partner Carlos Albiñana who is assisted by counsel Enrique Lopez de Caballos. The firm focuses on corporate tax and M&A matters which Albiñana has substantial experience of. He is also capable in capital ... [more]

DLA Piper's tax team is based in Madrid and is composed of one partner, department head Carlos Rodríguez Barrigüete, and three further fee earners. Much work for the department is generated as a result of M&A transactions undertaken by the corporate ... [more]

The Spanish tax team of Linklaters is led by Javier Garcia-Pita who is the sole partner of the practice. Garcia-Pita is renowned for his ability in M&A matters. One of his peers remarks: "He is a very brilliant tax lawyer with a team who are strong in ... [more]

Under tax department leader Lourdes Pérez-Luque at Salans are a further six fee earners. The team has consolidated its reputation for tax work in Spain, acting for both Spanish and multinational companies in media, energy, retail, real estate and pharmaceuticals ... [more]

The Spanish tax practice of Simmons & Simmons is a new addition to the rankings for 2012. The tax department led by Juan Sosa Pons-Sorolla is similar to the firm's tax departments in other countries in its financial services focus. Several hedge funds ... [more]

See also

Spain
Western Europe

Firm contact details