The guidelines for the 2025 Tax Control Plan make it clear: International transactions between associated parties are once again a priority for the Spanish Tax Authorities, and they plan to exchange of information with foreign tax authorities. In addition, they announce inspection campaigns to review Form 232 (communication of intra-group transactions), and increase the verification of documentation proving the reality, functions and risks of these intra-group transactions, as it is not enough to simply comply with the formal requirements. This set of documents, usually referred to as a Transfer Pricing Report, must be made available to the AEAT before the end of the period for the filing of the corporate income tax return. Furthermore, as if that were not enough, the Spanish Tax Authorities plan to continuously use an automated risk analysis system and greater international cooperation in intercompany transactions, promoting joint tax audits with tax authorities in other countries.
Added to this is the practical application of what is known as Pillar II (global minimum tax) for groups with a consolidated turnover of more than EUR 750 million. Spain has already approved the Top-up Tax to ensure a minimum effective tax rate of 15%. In this regard, forms 240 (registration), 241 (GloBE Information Return) and 242 (Top-up Tax return) have already been approved to comply with the introduction of the minimum Top-up Tax. For this reason, it is crucial to design a proper internal policy to ensure the tax compliance required by these new obligations. And beware, the penalties for non-compliance are significant.
In short, if a Spanish subsidiary, regardless of the size of the group, carries out significant transactions with associated entities, it is necessary to review in detail the contracts, their conditions, the prices applied, and benefits of the services, as well as the risks and functions assumed in such operations, as otherwise a series of risks are assumed that could ruin a year of hard work and good results. And for those groups with a global turnover of more than EUR 750 million, it is very important to pay attention to the new formal tax compliance requirements, so as not to incur in easily avoidable tax penalties.