Skip to main content

National and international information obligations and their models

In recent years, the need to have information related to the transformation that the economy is experiencing due mainly to digitalization has become clear. Tax Administrations, aware of the importance of national and international information, are trying to agree on models for obtaining information that facilitate the exchange between Tax Administrations.

This economic-tax panorama has led the Spanish Tax Administration to create and update certain information obligations that imply equitable treatment of taxpayers regardless of the type of activity carried out and the scope, national or international, with which they work.

As a result of these circumstances and objectives, we can summarize the following developments in terms of information obligations that will make it possible to have and exchange essential tax information for the assistance and control of material tax obligations:

  • Information obligations for platform operators derived from “DAC 7”:

    Law 13/2023, of May 24, which modifies Law 58/2003, of December 17, General Tax, in transposition of Council Directive (EU) 2021/514 of March 22, 2021 ( DAC7), and its regulatory development approved in Royal Decree 117/2024, of January 30, enable the approval of the “Informative declaration for the communication of information by platform operators” (form 238). This new informative declaration will allow obtaining information on the income obtained by sellers who use digital platforms to make their sales. This information will be provided by platform operators on an annual basis and will be exchangeable between Member States and partner jurisdictions (OECD level). The sellers regarding whom they must provide information, without prejudice to certain excluded cases, will be those for which a platform provides in a year: or more than 30 relevant activities (reportable activities) or relevant activities whose total amount of the consideration paid or paid is equal to or greater than 2,000 euros.

  • Information obligation on cross-border payments (CESOP):

    With effect from January 1, 2024, article 166 quater of Law 37/1992, of December 28, on Value Added Tax (introduced with Law 11/2023, of May 8, which transposes Council Directive (EU) 2020/284, of February 18, 2020) and article 81 bis of the Value Added Tax Regulation, which establishes the obligation of payment service providers whose State home or host member is the Kingdom of Spain to submit a declaration regarding the records they are required to maintain on cross-border payments.

    This new information obligation is reflected in the “Informative declaration on cross-border payments”, model 379. This declaration is published quarterly and is also interchangeable with the rest of the Member States. The content of this informative statement will refer, in each calendar quarter, in general, to the beneficiaries of more than 25 cross-border payments. With this informative declaration, greater control will be possible over cross-border sales operations to final consumers (B2C operations).

  • Informative statements about virtual currencies.

    Also in January 2024, the Tax Agency received information on virtual currencies for the 2023 financial year for the first time. These informative obligations, of which there are three, have their origin in Law 11/2021, of July 9, on measures to prevent and combat tax fraud, and in its regulatory development through Royal Decree 249/2023, of 4 of April. The three new reporting obligations on “virtual currencies” are:

    • “Informative declaration on balances in virtual currencies”, model 172.

    • “Informative declaration on operations with virtual currencies”, model 173.

      These two new informative declarations regulated in articles 39 bis and ter of the RGAT respectively, must be submitted by persons and entities resident in Spain and permanent establishments in Spanish territory of persons or entities residing abroad, which provide services to safeguard cryptographic keys. private entities on behalf of third parties, to maintain, store and transfer virtual currencies (model 172 for balances) and by the same entities that provide exchange services between virtual currencies and fiduciary currency or between different virtual currencies, mediate in any way in the realization of such operations or provide services to safeguard private cryptographic keys on behalf of third parties, to maintain, store and transfer virtual currencies (model 173 for the operations).

    • “Informative declaration on virtual currencies located abroad”, model 721. Article 42 quater of the RGAT develops this informative declaration that must be presented by the owner (actual owner) of virtual currencies located abroad. With certain exceptions to this obligation to declare, we can highlight that there is no obligation to declare if the balances of virtual currencies abroad as of December 31 of the reference year (in this case 12/31/2023) do not exceed 50,000 euros.

    Although all these informative statements have a marked “digital and international” character, we can also highlight the importance that national and material operations continue to have. An example, which we can highlight due to its recent public notoriety, is the already existing Informative Declaration on expenses in daycare centers or authorized early childhood education centers (form 233).

    This informative declaration had its origin in the need to verify expenses in daycare centers or authorized early childhood education centers that could generate, in accordance with the provisions of article 81.2 of the LIRPF, an increase in the maternity deduction.  The aforementioned notoriety of this information has its origin in the recent doctrine established by the Supreme Court Ruling of January 8, 2024, in which it is determined that the expression "authorized daycare centers or early childhood education centers" contained in article 81.2, paragraph 1, of the Personal Income Tax Law, which conditions the applicability of the increase in the amount of the maternity deduction, must be understood in the sense that the authorization required by the aforementioned provision for daycare centers or early childhood education centers is not the one granted by the corresponding educational Administration, which will only be required from early childhood education centers, but also the one that is necessary for the opening and operation of the activity of custody of minors in daycare centers, according to the regulatory provisions applicable to this type of centers. " .

    This interpretation may mean that the increase in the maternity deduction has a greater number of beneficiaries. The informative return, model 233, until now was presented only by those centers that had authorization from the educational Administration, and allowed tax data to be offered to the beneficiaries, so that it was easier for them to complete it in the personal income tax return. Therefore, in this first year of interpretive change, those daycare centers that have been included because they have an authorization to open and operate for the activity of child custody are invited to submit this informative declaration before the campaign begins. of the Income Tax so that its clients can have the correct tax data.

    This brief summary offers a new scenario of tax information, with the aim of adapting to an economic reality in continuous evolution.