Appendix IV.Non-cooperative jurisdictions
Regulations:First and tenth additional provision and second transitional provision of Law 36/2006 of 29 November on measures for the prevention of tax fraud (as amended by Law 11/2021 of 9 July on measures to prevent and combat tax fraud, with effect from 11 July 2021)
In line with the new international parameters, the term tax havens is aligned with the term non-cooperative jurisdictions.References made in the regulations to tax havens, countries or territories with which there is no effective exchange of information, or where there is no or low taxation shall be understood to be made to the definition of non-cooperative jurisdiction and references made in the regulations to States with which there is an effective exchange of tax information or in tax matters shall be understood to be made to States with which there are regulations on mutual assistance in the exchange of tax information under the terms provided in Law 58/2003, of 17 December, General Taxation, which is applicable.
For the purposes of Law 58/2003 on General Taxation, mutual assistance shall be understood to mean the set of assistance, collaboration, cooperation and other actions of a similar nature that the Spanish State provides, receives or develops with the European Union and other international or supranational entities, and with other States by virtue of the regulations on mutual assistance between the Member States of the European Union or within the framework of agreements to avoid double taxation or other international agreements.
Countries and territories, as well as harmful tax regimes, to be determined by Ministerial Order in accordance with pre-established criteria, shall be considered as non-cooperative jurisdictions.
The list of countries and territories considered to be tax havens can be updated according to the following criteria:
- On fiscal transparency:
The existence with that country or territory of regulations on mutual assistance in the exchange of tax information under the terms provided for in Law 58/2003 of 17 December 2003 on General Taxation, which is applicable.
Compliance with an effective exchange of tax information with Spain.
The results of the peer assessment by the Global Forum on Transparency and Exchange of Information for Tax Purposes.
The effective exchange of information on the beneficial owner, as defined in the terms of Spanish legislation on the prevention of money laundering and terrorist financing.
For the purposes of this point (a), effective exchange of information means the application of the rules on mutual assistance on exchange of tax information in accordance with the terms of reference adopted by the Global Forum on Transparency and Exchange of Information for Tax Purposes.
Facilitating the conclusion or existence of offshore instruments or companies aimed at attracting profits that do not reflect real economic activity in those countries or territories.
The existence of low or no taxation.
Low taxation exists when in the country or territory in question an effective level of taxation considerably lower, including the zero rate, than that required in Spain for a tax identical or analogous to personal income tax, corporate income tax or non-resident income tax is applied.
There is no taxation when in the country or territory concerned there is no tax identical or analogous to personal income tax, corporate income tax or non-resident income tax, as the case may be.
Taxes considered to be identical or analogous are those intended to tax income, including partially, regardless of whether the taxable amount is income itself, revenues, or any other element indicating income.
The list of harmful tax regimes that qualify as non-cooperative jurisdictions may be updated on the basis of the criteria of the EU Code of Conduct for Business Taxation or the Harmful Tax Regimes Forum of the OECD.
The regulations for each tax may establish special rules for the application of these rules.
With respect to those countries or territories considered to be non-cooperative jurisdictions with which Spain has signed a double taxation avoidance treaty in force, the tax rules relating to non-cooperative jurisdictions will also apply, insofar as they are not contrary to the provisions of the aforementioned treaty.
Until such time as a Ministerial Order determines the countries or territories that are considered to be non-cooperative jurisdictions, the countries or territories provided for in Royal Decree 1080/1991, of 5 July, shall be considered to be non-cooperative jurisdictions.
Since 2 February 2003, the date of entry into force of Royal Decree 116/2003, of 31 January, a provision has been incorporated into Royal Decree 1080/1991, according to which those countries or territories that have signed an agreement with Spain to avoid double international taxation with an information exchange clause or an agreement for the exchange of information on tax matters which expressly establishes that they cease to be considered as such, as soon as these agreements or treaties are applied, will cease to be considered as non-cooperative jurisdictions.
The countries or territories referred to in the preceding paragraph shall revert to the status of tax haven as soon as such conventions or agreements cease to apply.
Based on the previous paragraphs, the following territories are no longer on 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.
Consequently, the present list of territories, with the changes deriving from the rulings of Royal Decree 116/2003, will continue to be applicable until a new list is approved.
List of countries and territories that are considered to be non-cooperative jurisdictions with the modifications derived from the provisions of Royal Decree 116/2003:
- Principality of Andorra(9)
- Netherlands Antilles(3)( (10)( ( (
- Kingdom of Bahrain
- Sultanate of Brunei .
- Republic of Cyprus(17)
- United Arab Emirates(1)
- Hong Kong(16)
- Antigua and Barbados .
- The Bahamas(14)
- Cayman Islands
- Cook Islands
- Dominican Republic
- Guernsey and Jersey Islands (Channel Islands)
- Jamaica(5) (6)
- Republic of Malta(2)
- Falkland Islands
- Isle of Man
- Mariana Islands
- Republic of Nauru
- Solomon Islands
- Saint Vincent and the Grenadines
- Saint Lucia
- Republic of Trinidad and Tobago(8)
- Turks and Caicos Islands
- Republic of Vanuatu
- British Virgin Islands
- United States Virgin Islands
- Hashemite Kingdom of Jordan
- Republic of Lebanon
- Republic of Liberia
- Principality of Liechtenstein
- Grand Duchy of Luxembourg with regard to income received by the companies referred to in paragraph 1 of the Protocol of 3 June 1986 annexed to the Convention for the avoidance of double taxation(7)
- Principality of Monaco
- Sultanate of Oman(18)
- Republic of Panama(12)
- Republic of San Marino(11)
- Republic of Seychelles
- Republic of Singapore(13)
(3) Since 27-01-2010 (date of entry into force of the Agreement on exchange of information on tax matters - BOE 24-11-2009 -) it is no longer considered a tax haven.(Return)
(4) Since 27-01-2010 (date of entry into force of the Agreement on exchange of information on tax matters - BOE 23-11-2009 -) it has ceased to be considered a tax haven.(Go back)
(6) The companies referred to in paragraph V(A) of the Protocol to the Convention are excluded from the Protocol and from the effects of the application of the first additional provision of Law 36/2006 on measures for the prevention of tax fraud.(Go back)
(7) Since 16-07-2010 (date of entry into force of the Protocol amending the Convention -BOE 31-05-2010-) it has ceased to be considered a tax haven.(Go back)
(9) Since 10-02-2011 (date of entry into force of the Agreement on exchange of information on tax matters -BOE 23-11-2010-) it has ceased to be considered a tax haven.(Go back)
(10) As of 10 October 2010 (date of dissolution of the Netherlands Antilles) Curaçao and Sint Maarten became autonomous states of the Kingdom of the Netherlands.The remaining islands (Bonaire, Sint Eustatius and Saba) have become part of the Netherlands.Sint Maarten and Curaçao are covered by the Information Exchange Agreement signed with the Netherlands Antilles, while the other three islands are covered by the CDI with the Netherlands.(Return)
(11) Since 02-08-2011 (date of entry into force of the Agreement on Exchange of Information on Tax Matters -BOE 06-06-2011-) it is no longer considered a tax haven.(Go back)
(13) Since 01-01-2013 (date of application of the Convention -BOE 11-01-2012-) it is no longer considered a tax haven.(Go back)
(14) Since 17-08-2011 (date of entry into force of the Agreement on exchange of information on tax matters - BOE 15-07-2011) it is no longer considered a tax haven.(Go back)
(15) Since 14-10-2011 (date of entry into force of the Double Taxation Avoidance Agreement between Spain and Barbados -BOE 14-09-2011-) it is no longer considered a tax haven.(Go back)
(16) Since 01-04-2013 (date of application of the Convention -BOE 14-04-2012-) it has ceased to be considered a tax haven.(Go back)
(17) Since 28-05-2014 (date of application of the Convention -BOE 26-05-2014-) it has ceased to be considered a tax haven.(Go back)
(18) Since 19-09-2015 (date of application of the Convention -BOE 08-09-2015-) it is no longer considered a tax haven.(Go back)