On 30 December 2017, Royal Decree 1074/2017 amending the corporate tax rules and other provisions was published in the Official Journal.
Royal Decree 1074/2017 amends, among other things, the Spanish CbCR rules in order to better align them with EU Directive 2016/881. In particular, the Royal Decree clarifies that Spanish companies or resident in Spain PEs belonging to a multinational group are not subject to Spanish CbCR reporting requirements if: (i) the multinational group has appointed a “surrogate parent entity” resident in another EU Member State submitting the CbC report; or (ii) the MNE has designated a ” surrogate parent entity ” established in a non-EU Member State to submit the CbC report and other requirements are met.
The Royal Decree entered into force on 30 December 2017 and the provisions relating to CbCR rules are applicable with retroactive effect from 1 January 2016.
