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Spain Formally Transposes ATAD Hybrid Mismatch Measures into Law and Amends Penalty Regime for Undeclared Assets Abroad

17 March 2022

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Approved Changes

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Spain

The Spanish Tax Agency has announced the publication of Law 5/2022 of 9 March 2022, which revises the Corporation Tax Law and the Non-Resident Income Tax Law to formally transpose the hybrid mismatch measures of the EU Anti-Tax Avoidance Directive as amended (ATAD2) into Spanish law. The measures are in line with Decree-Law 4/2021 of 9 March 2021, which introduced the rules of ATAD2 to address hybrid mismatches resulting in double deduction and deduction without inclusion outcomes. The hybrid mismatch rules were originally implemented via Decree-Law instead of through the formal approval of a law in parliament given the urgent...