- 1Spain: An attractive country for investment
- 2Setting up a business in Spain
- 3 Tax System
- 4 Investment aid and incentives in Spain
- 5 Labor and social security regulations
- 6 Intellectual property law
- 7Legal framework and tax implications of e-commerce in Spain
- AI Annex I Company and Commercial Law
- AIIAnnex II The Spanish financial system
- AIIIAnnex IIIAccounting and audit issues
- Central government taxes
- Corporate Income Tax
- Personal Income Tax
- Nonresident Income Tax
- Wealth Tax
- Inheritance and Gift Tax
- Spanish Value Added Tax
- Transfer and Stamp Tax
- Excise and Special Taxes
- Custom Duties on Imports
- Tax on Insurance Premiums
- Tax on Financial Transactions
- Tax on certain Digital Services
- Reporting obligations relating to Assets and Rights Abroad
- Special Regimes of certain Autonomous Communities
- Local taxes
- Exhibit I - Corporate income tax incentives for investment
- Exhibit II - Treaty tax rates
- Exhibit III - Practical examples
- Exhibit IV - Case of Application of the Regime for foreign-securities holding companies (ETVE)...
- Exhibit V - Nonresident case study: Income obtained without a permanent establishment
- Exhibit VI - VAT case study
2. Central government taxes
2.11 Tax on financial transactions
This is an indirect tax levied on acquisitions for consideration of shares representing the capital stock of Spanish companies, when the following conditions are met:
- The company’ shares are listed on a stock exchange of Spain or another European Union Member State deemed to be a regulated market pursuant to Directive 2014/65/EU or an equivalent third-country market pursuant to article 25.4 of that Directive.
- The stock market capitalization of the company at December 1 of the year preceding the acquisition exceeds €1 billion.
This tax is required irrespective of where the acquisition is carried out and of the residence or the place of establishment of the parties participating in the transaction.
In any event, a series of exemptions are established affecting the primary market and the acquisitions required for the functioning of market infrastructure, regarding corporate restructurings, those performed between companies in the same group, temporary transfers and certain treasury stock purchases.
This tax will be required for the first time in 2021. Spanish companies whose stock market capitalization exceeds €1 billion in that first year must be identified by December 16, 2020.