Annex V. EU and EEA Countries with which there are regulations on mutual assistance in the area of tax information exchange
European Union countries (EU):
- Bulgaria (2)
- Czech Republic (1)
- Cyprus (1)
- Croatia (3)
- Slovakia (1)
- Slovenia (1)
- Estonia (1)
- Hungary (1)
- Letonia (1)
- Lithuania (1)
- Malta (1)
- Poland (1)
- United Kingdom (5)
- Romania (2)
Other countries in the European Economic Area (EEA) with which there are regulations on mutual assistance in the area of tax information exchange (4).
- Liechtenstein (effective from 11 July 2021, the date of entry into force of Act 11/2021, of 9 July, on measures to prevent and combat tax fraud)
(1) Member States of the European Union from 1 May 2004. (Back to Czech) (Cire-Cyprus) (Back-Slovakia) (Cire-Slovenia) (Back to Estonia) (Back to Hungary) (Cifure-Léonia) (Cire-Lithuania) (Back to Malta) (Back to Poland)
(3) Member State of the European Union from 1 July 2013. (Back)
(4) The European Economic Area (EEA) is made up of members of the European Union plus Iceland, Norway and Liechtenstein.
Until 10 July 2021, the regulatory references were made to other EEA member countries with which there is effective exchange of tax information.
In the regulations in force until 10 July 2021 (section 4 of the first Additional Provision of Act 36/2006, of November 29, on measures to prevent tax fraud, in writing before the amendment introduced by Act 11/2021, of 9 July, on measures to prevent and combat tax fraud) included a definition of effective exchange of tax information:
There is effective exchange of tax information with those countries or territories that are not considered tax havens, to which it applies:
- An agreement to avoid international double taxation with an information exchange clause, provided that this agreement does not expressly establish that the level of exchange of tax information is insufficient for the purposes of this provision.
- An agreement to exchange information on tax matters,
- The Mutual Administrative Assistance Agreement on Fiscal Matters of the OECD and of the Council of Europe as amended by Protocol 2010.
Liechtenstein, although an EEA member, was excluded from the list of "Other EEA countries with effective exchange of tax information" because, as it was considered a tax haven, it was outside the definition of "effective exchange of tax information."
Effective from 11 July 2021 (effective date of Act 11/2021 of 9 July ) July, on measures to prevent and combat tax fraud), the drafting of the first Additional Provision of Act 36/2006 is modified , of 29 November, on measures to prevent tax fraud, which is now called "definition of non-cooperative jurisdiction" and disappears the definition of "effective exchange of tax information" as set out in section 4 of the previous wording and a tenth additional provision is added that establishes that "the regulatory references made 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 area of tax information exchange under the terms provided for in Act 58/2003, of 17 December , General Tax , applicable . "
For the purposes of Act 58/2003, mutual assistance will be understood as all assistance, collaboration actions , cooperation and others 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 under 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 conventions.
With regard to Liechtenstein, the following regulations are in force with regard to the exchange of tax information:
Council Decision (EU) 2015/2453 of 8 December 2015 on the conclusion, on behalf of the European Union, of the amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein on the establishment of measures equivalent to those provided for in Council Directive 2003/48/EC on the taxation of savings yields in the form of interest payments.
Under the Agreement, Liechtenstein and EU Member States will automatically exchange information on their respective residents'financial accounts from 2017. Similarly, Article 5 of the Agreement provides for the exchange of information upon request.
- On 21 November 2013, Liechtenstein signed the Mutual Administrative Assistance Agreement on Tax Matters of the OECD, on 22 August 2016 it deposited the ratification instrument and entered into force on 1 December 2016. The Agreement provides for the three types of information exchange: On request, automatically and spontaneously.
It can therefore be concluded that with Liechtenstein, despite continuing to be a tax haven (non-cooperative jurisdiction) in accordance with the relationship of tax havens provided for in Royal Decree 1080/1991, there are regulations on mutual assistance in the area of the exchange of tax information in the terms provided for in the General Tax Law and meet the requirements for being considered, in accordance with the new terminology (no longer a requirement be considered a tax haven) a State with which there are regulations on mutual assistance in the area of tax information exchange. (Back)
(5) EU Member State until 31 December 2020. (Back)