Spain
A. Progress in the implementation of the minimum standard
Spain has 94 tax agreements in force as reported in its response to the Peer Review questionnaire. Four of those agreements comply with the minimum standard.
Spain signed the MLI in 2017 and deposited its instrument of ratification on 28 September 2021. The MLI enters into force for Spain on 1 January 2022. The agreements modified by the MLI come into compliance with the minimum standard once the provisions of the MLI take effect.
Spain reserved the right to delay the entry into effect of the provisions of the MLI until Spain has completed its internal procedures for this purpose with respect to each of its listed agreements.1 Spain has not yet notified that it completed its internal procedures for the entry into effect of the MLI with respect to any of its agreements.
Spain has signed a bilateral complying instrument with respect to its agreement with Ukraine.
Spain has not listed its agreements with Netherlands, Norway, and Sweden under the MLI, but indicated in its response to the Peer Review questionnaire that steps have been taken (other than under the MLI) to implement the minimum standard in these three agreements.
Spain is implementing the minimum standard through the inclusion of the preamble statement and the PPT, combined with the LOB for its agreements with Japan and Mexico.2
B. Conclusion
Acknowledging that the MLI enters into force for Spain on 1 January 2022, no recommendation is made that Spain completes the steps to have the MLI take effect with respect to its agreements listed under the MLI in 2021.3 Spain is expected to swiftly start the process to complete such steps in 2022, as those agreements will only be modified by the MLI (and come into compliance with the minimum standard) once the provisions of the MLI take effect.
← 1. The reservation was made under Article 35(7)(a) of the MLI.
← 2. For its agreements listed under the MLI, Spain is implementing the preamble statement (Article 6 of the MLI) and the PPT (Article 7 of the MLI). Spain has made a reservation pursuant to Article 6(4) not to apply Article 6(1) of the MLI with respect to agreements that already contain the relevant preamble language (covering three agreements). Spain has also made a reservation pursuant to Article 7(15)(b) of the MLI not to apply Article 7(1) of the MLI with respect to agreements that already contain a PPT (covering three agreements).
← 3. By notifying the Depositary that it has completed its internal procedures for the entry into effect of the MLI with respect to its agreements (under Article 35(7)(b) MLI).