The Spanish Government has recently signed a number of new double tax treaties ("DTTs") with Senegal, Uzbekistan, Canada and Andorra.

Senegal

The new DTT between Spain and Senegal has been published in the Spanish Official Gazette.

  • Withholding tax: 10 percent for dividends, interest and royalties
  • Real estate clause: In line with the current OECD model tax convention, income arising from real estate companies is taxed in the jurisdiction where the real estate is located. Furthermore, the fact that the real estate is devoted to a business activity does not prevent the application of this rule.

The following chart summarises the main characteristics of the Spain-Senegal DTT:

Click here to view table.

Uzbekistan

Following the dissolution of the Soviet Union in 1991, most of the newly independent states which emerged, including Uzbekistan, initially adopted the Spain-USSR DTT. However, as of 21 July 2010 the Spain-USSR DTT was revoked. As a consequence, Spain is now negotiating new DTT agreements with States which were part of the USSR. The DTT signed between Spain and Uzbekistan is currently awaiting finalisation of parliamentary procedures in both countries before it comes into force, but a public draft has been made public.

The following chart summarises the main characteristics of the DTT, and could be of help in anticipating the potential impact should it enter into force in the short/midterm. 

Click here to view table.

Canada

Canada and Spain have signed a Protocol to their existing DTT. Once both countries implement the new wording, a reduction on withholding tax rates will be applicable in the following cases:

  • Dividends: 5 percent in cases of significant ownership (at least 10 percent of entity that pays the dividend). Current rate 15 percent.
  • Interest: 10 percent (current rate 15 percent)

The Protocol was signed on 18 November 2014 and will replace the original DTT signed in 1976.

Andorra

Andorra was considered as a black-listed jurisdiction for Spanish tax purposes until a tax information exchange agreement was signed between Spain and Andorra on 23 November 2010.

An additional step has been taken in current DTT negotiations so that an automatic transfer of information clause can be included, because Andorra will implement such a measure internally in 2018, to the extent that all the OECD jurisdictions make a general commitment to include automatic transfer of information in their Treaties.