Publication of a copy of the Conflict Report No. 8. Non-Residents' Income Tax. Transfer of interests in a subsidiary using a chain of transfers between group companies

For the purposes of the provisions of article 206.bis of Law 58/2003, of December 17, General Tax Law and in accordance with the provisions of article 194.6 of the General Regulation of the actions and procedures of tax management and inspection and development of the common rules of the procedures for the application of taxes, approved by Royal Decree 1065/2007, of July 27, a copy of the report of the Advisory Commission on the conflict in the application of the rule relating to the taxpayer "M CORPORATION" is hereby published.
The Report states that there is a conflict in the application of the tax rule in a case of transfer by a US company of its Spanish subsidiary through a chain of operations between group companies, avoiding taxation by relying on the provisions of the Protocol to the Convention between the Kingdom of Spain and the United States of America to avoid double taxation and prevent tax evasion with respect to income taxes.