The Spanish government released draft legislation to implement the OECD’s Pillar Two global minimum tax under the EU Minimum Tax Directive 2022/2523 on 19 December, 2023. The Directorate-General for Taxation is now inviting comments from taxpayers and organisations likely to be affected by the top-up tax.

The consultation is set to conclude between 17 – 31 May, 2024.

Comments are requested on five critical areas: Taxpayers subject to the top-up tax, calculation of the tax base and adjusted covered taxes, insurance companies, information return requirements, and management of the supplementary tax.

The Draft Royal Decree will be prepared and published after the conclusion of the consultation. Subsequently, a new comment and public consultation period will begin, which will last at least 15 business days.