Spain’s black list of countries qualified as a tax haven is a dynamic list, that permits the exclusion of countries that have a double tax treaty (with exchange of information clause) in place with Spain, or an exchange of information agreement.
Since Jan. 01, 2015, the requirements to exit the list have been strengthened. The list is no longer automatically updated, as it requires the prior approval by the Spanish tax authorities.
✔ A recent report issued by the Spanish tax authorities on Dec. 23, 2014, tries to clarify which is the status of the matter in question.
Thus, it mentions that the current black list that was set forth by Royal Decree 1080 / 1991 remains in force (in so far as a new list is not approved), with the changes derived and that may derive from the exit possibility for countries that have concluded a Double taxation treaty with exchange of information clause or an exchange of information agreement with Spain.
This has lead 15 territories exiting from the original list with a total of 48.
✔ However and since Jan. 01 , 2015, the criteria to take into account to update the list are the following:
- The existence with the relevant country of a double taxation treaty with exchange of information clause, an agreement to exchange tax information or the Convention of mutual administrative assistance in tax matters of the OECD and the European Council of Europe, amended by the Procotol 2010.
- Whether there is an effective exchange of information.
- The results of the evaluation made by the Global Forum on Transparency and exchange of Tax Information.
✔ As it is mentioned in the Spanish Tax authorities report, since the entering into force of this change, the updating of the list is not done automatically but has to be expressly approved by the Spanish tax authorities. To this effect, the mentioned requirements shall be determining in the final exit from the list of a particular country.