On 21 October 2019, the Spanish Ministry of Finance has launched a public consultation on the draft regulation approving the model forms to be used in the context of the implementation of Council Directive (EU) 2018/822 of 25 May 2018 (DAC6) on reportable cross-border tax planning arrangements.
The following forms are included in the draft bill – (i) Model 234, which declares the information on certain tax planning arrangements. The form must be submitted within 30 days from the date on which an agreement for implementation is made available or the first step has been executed; (ii) Model 235, which is used to declare updated information on certain marketable cross-border arrangements that is required on a quarterly basis; and (iii) Model 236 which declares the information on the use of certain cross-border planning arrangements to be submitted within three months of the end of the year in which the declared have been used in Spain.
All three forms will need to be submitted electronically. The requirements to submit the declarations on reportable cross-border arrangements will enter into force on 1 July 2020, although reportable arrangements between 25 June 2018 and 30 June 2020 will also need to be declared in the months of July and August 2020. The deadline for comments on the draft Order is 11 November 2019.
