New developments regarding the obligation to report potentially aggressive crossborder tax planning arrangements.
The obligation to report potentially aggressive crossborder tax planning arrangements is established under Royal Decree 243/2021, of April 6; Order HAC/342/2021, of April 12, approving Forms 234,235 and 236; and the Resolution of April 8,2021, on communications between the different parties involved.
> The law sets out the obligation to report potentially aggressive crossborder tax planning arrangements, which falls on intermediaries and other relevant taxpayers.
> It clarifies some issues concerning the application in Spain of the Directive’s hallmarks.
> It regulates the date on which the reporting obligation is triggered and the term of 30 calendar days to file the information on reportable crossborder arrangements, including those made during the transitional period.
> Term of five business days for notices in the case of exemptions based on legal professional privilege or if the information has been filed.
>Approval of the reporting forms corresponding to the different obligations, and the format and minimum content to be included in the communications between the intermediaries and parties involved in crossborder arrangements.