Legal briefing

Hybrid mismatch arrangements: Spain implements ATAD II


This Legal Briefing analyses the measures introduced in Spain to transpose the ATAD II Directive by amending the Spanish Corporate Income Tax and Non-Residents Income Tax Laws.

On 10 March 2021, Royal Decree-law 4/2021, of 9 March, on hybrid mismatch arrangements was published. Royal Decree-law 4/2021 transposes the European Union’s (EU) Anti-Tax Avoidance Directive, Council Directive 2017/952 (EU) of 29 May 2017.

The text ultimately passed includes amendments to the Corporate Income Tax Law and the Non-Residents Income Tax Law, and differs in several respects from the preliminary draft issued for public consultation by the Spanish Ministry of Finance. These differences do not affect the material aspects of the legislation ultimately passed.

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