The Order HFP/816/2017 ("Order HFP/816/2017"), which approves the 232 Form of Declaration of Related-Party Transactions and Information related to tax havens, was published on 28 August 2017, in the Official State Gazette. Prior to this, the reporting was done through the 200 Form for Corporate Tax.

It should be noted those obligated to present this information in Form 232 are taxpayers for Corporate Tax and those taxpayers of Non-Resident Tax, who carry out work in Spain through a Permanent Establishment. Also, those entities in the income allocation system that are located abroad and have a presence in Spain carrying out:

  1. Transactions with the same person or related-party exceeding 250,000 euros, according to the market value.
  2. Specific transactions, as long as the joint amount of each of those transactions in the tax period is higher than 100,000 euros, regardless of the valuation method used.
  3. Transfer of tangible assets to a private person or related-party company where the reduction for such operations is applied (Spanish Corporation Tax Law, article 23).

The information about "operations and related situations with foreign countries or tax havens" will be reported in the 232 Form when the taxpayer carries out transfers or securities in foreign countries or territories classified as tax havens, regardless of the amount.

The 232 Form must be submitted electronically to the Spanish Tax Authorities in the month following the ten months at the end of the tax period applicable to the submitted information.

However, for the tax periods that started in 2016 and ended before 31st December 2016, the submission deadline will be between 1st and 30th November 2017.

The Spanish Association of Tax Advisors (the "AEDAF") filed an administrative appeal against the Legal Order HFP/816/2017, which approves the 232 Form. The National High Court ("Audiencia Nacional") accepted the appeal on 3rd November 2017.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.