Spain amends Mutual Agreement Procedure rules for direct taxation and transfer pricing disputes

On June 9, 2021, Spanish Royal Decree 399/2021 (the Decree) was published in the Spanish Official Gazette. The Decree introduces amendments to the Mutual Agreement Procedures (MAPs) in terms of or resolving instances of double taxation in the areas of international taxation and transfer pricing as set forth in Royal Decree 1794/2008 (RD 1794/2008), dated on 3 November 2008 and other published regulations. RD 1794/2008 established the requirements and processes to be followed to initiate and process MAPs between tax administrations under the applicable bilateral double taxation agreements or under the Convention 90/436 / EEC of July 23, 1990, on the avoidance of double taxation in the event of correction of profits between related companies in the European Union.


Under the new Decree, the MAP provided for in the conventions to avoid double taxation applicable in Spain, as well as the one provided for in the EEC / 90/436 Convention, undergo various modifications and initiatives to enhance the existing MAP framework, amongst others:


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