Replacing the definition of tax haven with non-cooperative jurisdictions

Article 16 of Law 11/2021, of July 9, on measures to prevent and combat tax fraud, modified the First Additional Provision of Law 36/2006, of November 29, on measures to prevent tax fraud, to include the definition of countries and territories that are considered non-cooperative jurisdictions which replaces the definition of tax haven, zero taxation and effective exchange of tax information.

Likewise, Law 11/2021 adds a tenth Additional Provision to Law 36/2006, of November 29, on measures for the prevention of tax fraud, establishing that the references made in the regulations to tax havens, to countries or territories with which there is no effective exchange of information, or of zero or low taxation will be understood to be made to the definition of non-cooperative jurisdiction established in the first Additional Provision of Law 36/2006, of November 29, in its version in force as of July 11, 2021.

However, until the of countries or territories that are considered non-cooperative jurisdictions is approved by Ministerial Order, such consideration will be given to those countries or territories provided for in Royal Decree 1080/1991, of July 5, which determines 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.