List of countries and territories classified as tax havens in Royal Decree 1080/1991, of July 5

The second transitional provision of Law 36/2006, of November 29, on measures for the prevention of tax fraud establishes that as long as the countries or territories that are considered non-cooperative jurisdictions are not determined by Ministerial Order, the countries or territories provided for in Royal Decree 1080/1991 will have such consideration.

Well, although Order HFP /115/2023, of February 9, has been approved, which determines the countries and territories, as well as the harmful tax regimes, that are considered non-cooperative jurisdictions ( BOE of February 10), which updates the list of countries and territories that appear in Royal Decree 1080/1991, of July 5, it is not applicable in the IRPF until the year 2024, so during this year 2023 the countries or territories provided for in Royal Decree 1080/1991 continue to be considered non-cooperative jurisdictions.

As regards Royal Decree 1080/1991 of 5 July, it should be noted that Royal Decree 116/2003 of 31 January incorporated, with effect from 2 February 2003, a provision according to which those countries or territories that sign with Spain an agreement to avoid international double taxation with an information exchange clause or an agreement on the exchange of information in tax matters which expressly establishes that they cease to have such consideration, from the moment in which these agreements or conventions are applied, will no longer be considered non-cooperative jurisdictions.

The countries or territories referred to in the preceding paragraph will once again be considered tax havens from the moment such conventions or agreements cease to apply.

Based on the above paragraphs, the following territories have been removed from the original list: Principality of Andorra, Netherlands Antilles, Aruba, Republic of Cyprus, United Arab Emirates, Hong Kong, The Bahamas, Barbados, Jamaica, Republic of Malta, Republic of Trinidad and Tobago, Grand Duchy of Luxembourg, Sultanate of Oman, Republic of Panama, Republic of San Marino and Republic of Singapore.

⁽¹⁾ Royal Decree 1080/1991, of July 5, BOE of July 13, modified by Royal Decree 116/2003, of January 31, BOE of February 1

1. Principality of Andorra ⁽⁷⁾
2. Netherlands Antilles ⁽⁶⁾
3. Aruba ⁽⁶⁾
4. Emirate of the State of Bahrain
5. Sultanate of Brunei
6. Republic of Cyprus ⁽¹⁴⁾
7. United Arab Emirates ⁽²⁾
8. Gibraltar
9. Hong Kong ⁽¹²⁾
10. Eel
11. Old and bearded
12. The Bahamas ⁽⁹⁾
13. Barbados ^(eleven)
14. Bermuda
15. Cayman Islands
16. Cook Islands
17. Republic of Dominica
18. Granada
19. Fiji
20. Guernsey and Jersey (Channel Islands)
21. Jamaica ⁽³⁾
22. Republic of Malta ⁽⁴⁾
23. Falkland Islands
24. Isle of Man
25. Mariana Islands
26. Mauricio
27. Montserrat
28. Republic of Nauru
29. Solomon Islands
30. St. Vincent and the Grenadines
31. St. Lucia
32. Republic of Trinidad and Tobago ⁽⁵⁾
33. Turks and Caicos Islands
34. Republic of Vanuatu
35. British Virgin Islands
36. United States Virgin Islands
37. Hashemite Kingdom of Jordan
38. Lebanese Republic
39. Republic of Liberia
40. Principality of Liechtenstein
41. Grand Duchy of Luxembourg, in respect of income received by companies referred to in paragraph 1 of the Protocol annexed to the Convention for the avoidance of double taxation of 3 June 1986.
42. Macau
43. Principality of Monaco
44. Sultanate of Oman ^(fifteen)
45. Republic of Panama ⁽⁸⁾
46. Republic of San Marino ⁽¹⁰⁾
47. Republic of Seychelles
48. Republic of Singapore ⁽¹³⁾

Notes to the list:

• ⁽¹⁾ Royal Decree 1080/1991, of July 5, determining the countries or territories referred to in articles 2, section 3, number 4, of Law 17/1991, of May 27, on Urgent Fiscal Measures, and 62 of Law 31/1990, of December 27, on the General State Budget for 1991.  ^(Back)
• ⁽²⁾ With effect from 02-04-2007, the date of entry into force of the respective agreements to avoid double taxation ( BOE 23-01-2007), the United Arab Emirates are no longer considered a tax haven. ^(Back)
• ⁽³⁾ With effect from 16-05-2009, the date of entry into force of the respective agreement to avoid double taxation ( BOE 12-05-2009), Jamaica is no longer considered a tax haven. ^(Back)
• ⁽⁴⁾ With effect from 12-09-2006, the date of entry into force of the respective agreement to avoid double taxation ( BOE 07-09-2006), Malta is no longer considered a tax haven. ^(Back)
• ⁽⁵⁾ With effect from 28-12-2009, the date of entry into force of the respective agreement to avoid double taxation ( BOE 08-12-2009), the Republic of Trinidad and Tobago is no longer considered a tax haven. ^(Back)
• ⁽⁶⁾ With effect from 27-01-2010, the date of entry into force of the respective information exchange agreements ( BOE 24-11-2009), the Netherlands Antilles and Aruba are no longer considered tax havens. The Netherlands Antilles ceased to exist as such on 10-11-2010. From that date, Saint Martin and Curaçao have the same status as Aruba (they are part of the Kingdom of the Netherlands, but enjoy independence), while the rest of the islands of the former Netherlands Antilles (Saba, Saint Eustatius and Bonaire) have become part of the Netherlands. The Agreement signed with the Netherlands Antilles applies to Saint Martin and Curaçao, while the other three islands are subject to the DTA with the Netherlands. For this reason, none of the islands are currently considered tax havens. ^(Back)
• ⁽⁷⁾ With effect from 10-02-2011, the date of entry into force of the agreement on the exchange of information on tax matters ( BOE 23-11-2010), the Principality of Andorra is no longer considered a tax haven. On 07-12-2015 the Agreement between the Kingdom of Spain and the Principality of Andorra to avoid double taxation in matters of income taxes and prevent tax evasion and its Protocol, made "Ad Referendum" in Andorra la Vella on January 8 2015, which comes into force on February 26, 2016, was published in the ##1## BOE ##1##. ^(Back)
• ⁽⁸⁾ With effect from 25-07-2011, the date of entry into force of the agreement to avoid double taxation ( BOE 04-07-2011), the Republic of Panama is no longer considered a tax haven. ^(Back)
• ⁽⁹⁾ With effect from 17-08-2011, the date of entry into force of the information exchange agreement ( BOE 15-07-2011), The Bahamas is no longer considered a tax haven. ^(Back)
• ⁽¹⁰⁾ With effect from 02-08-2011, the date of entry into force of the information exchange agreement ( BOE 06-06-2011), the Republic of San Marino is no longer considered a tax haven. ^(Back)
• ^(eleven) With effect from 14-10-2011, the date of entry into force of the agreement to avoid double taxation ( BOE 14-09-2011), Barbados is no longer considered a tax haven. ^(Back)
• ⁽¹²⁾ With effect from 01-04-2013, the date of entry into force of the agreement to avoid double taxation ( BOE of 14-04-2012), Hong Kong (China) is no longer considered a tax haven. ^(Back)
• ⁽¹³⁾ With effect from 01-01-2013, the date of entry into force of the agreement to avoid double taxation ( BOE 11-01-2012), the Republic of Singapore is no longer considered a tax haven. ^(Back)
• ⁽¹⁴⁾ With effect from 28-05-2014, the date of entry into force of the agreement to avoid double taxation ( BOE 26-05-2014), the Republic of Cyprus is no longer considered a tax haven. ^(Back)
• ^(fifteen) With effect from 19-9-2015, the date of entry into force of the agreement to avoid double taxation ( BOE 08-09-2015), the Sultanate of Oman is no longer considered a tax haven. ^(Back)