The Country-by-Country Report Statement (Form 231) assesses the risks in transfer pricing policy. Therefore, the Tax Administration may resort to Country-by-Country Report for assessing risks related to Base Erosion and Profit Shifting (BEPS).
The Country-by-Country Report Form 231 must be filed by entities whose consolidated net turnover of all persons or entities forming part of the group in the previous twelve months exceeds 750 million euros at the beginning of the tax period.
1. Obliged to file it
Entities residing in Spain only if they are the dominant company of the group, which are not dependent on any other entity. These may be resident, non-resident, or specifically assigned for this purpose by the group.
The group must assign an entity, which will be the taxpayer in the Model 231 pre-filing before ending the current year.
2. Information covering
The content of the Country-by-Country declaration in Spain, which will depend on each country or jurisdiction, covers the following information:
- Gross revenue of the group
- Profit or loss before taxes
- Corporate income tax
- Amount of capital and reserves
- Number of employees
- Tangible assets
- List of resident entities
- Other information considered relevant
3. Form of filing
The filing of said Model must be made only virtually. The deadline for filing is from the day following the end of the tax period to which the information to be submitted refers until the following 12 months.
On the other hand, it cannot be used as a substitute for a detailed transfer pricing analysis concerning each transaction and price without first performing the complete functional analysis and comparability analysis.
Likewise, the Tax Administration should not rely on it to propose transfer pricing adjustments.
Source: Agencia Tributaria 03/03/22
