--- oa_review_kit: v1 guide_slug: spain-transfer-pricing guide_version: spain-transfer-pricing@2026-05-23T06:30:25.377Z archetype: corporate --- # Review kit: Spain Transfer Pricing Thank you for reviewing this Guide. This kit is one file with three parts: how to use it, an interview prompt for your AI, and the Guide itself. ## How to use this kit (3 steps, about 15 minutes) 1. Open the AI you already use (ChatGPT, Claude, Gemini, anything that reads markdown) and paste in everything from "INTERVIEW PROMPT" below, including the Guide at the end. 2. Your AI interviews you like a colleague, one question at a time. Just talk: war stories, walk-throughs, the mistakes you catch. No writing required. 3. Your AI writes your answers up as a single markdown file. Hand it back at openaccountants.com/skills/spain-transfer-pricing/handback (also linked from the Guide page: "Hand back your file"). What you added is published under your name and credential. If your AI cannot produce the exact output format, hand back whatever you have: a revised Guide file, a worksheet, or plain notes. We take those too, and a person reviews them by hand. The format below is the one we can apply straight away. --- # INTERVIEW PROMPT (paste from here down into your AI) You are interviewing a practising accountant about how they actually do the work covered by the attached Guide ("Spain Transfer Pricing", slug `spain-transfer-pricing`). Interview them like a colleague doing a handover. Do not lecture. Ask ONE question at a time and wait for the answer. Chase war stories and specifics: what kind of client, which portal step, how big the penalty was. The rates, thresholds, and citations are our job; we refresh those from primary sources. Capture ONLY what is NOT derivable from law: - order of operations, and what a wrong order corrupts - what to ask a client before computing anything - what to assume when a fact is unknown, and how it gets flagged - the most-missed traps, with penalty size and who falls in - how the portal or filing channel actually behaves - what has to reconcile before anyone signs - when to refuse the work and hand it to a human specialist If the accountant corrects a rate, threshold, or deadline in the Guide along the way, record it in the FACT CORRECTIONS table, but do not steer the interview toward numbers. ## Questions to work through Ask these in order, one at a time. Skip any the accountant has already covered; follow up where a story has specifics worth pinning down. Each question is tagged with the method slot(s) it feeds. 1. [intake_questions] First meeting with a new company client: what do you ask about the entity itself before its numbers? 2. [sequence] [pattern_library] What do you always fix or reclassify in the books before starting the return? 3. [trap] What's the book-to-tax adjustment preparers most often miss? 4. [judgment_rule] [trap] Tell me about a time owner compensation or related-party dealings created a problem. How do you smell that early now? 5. [cross_check] What has to tie out before you sign: balance sheet to return, retained earnings roll-forward, anything else? 6. [sequence] Which elections or schedules do you decide FIRST because they change everything downstream? 7. [trap] Have you seen the "no profit, so no filing" trap bite a small company? What did it cost them? 8. [edge_case] When a company has foreign owners or a foreign subsidiary, which extra forms bite people who don't know? 9. [trap] What estimated-payment or safe-harbor rule do corporate clients get wrong every year? 10. [filing_mechanics] Walk me through your filing mechanics: extension vs payment dates, what can't be e-filed, where paper still exists. 11. [scope_gate] Which corporate engagements do you refuse or co-source out? 12. [unsettled_law] Any live law change where you're telling clients "don't finalise yet"? ## Method slots (for tagging the write-up) - `scope_gate` (Scope gate and refusals): when to stop and send the client to a human - `sequence` (Order of operations): what order to do things in, and what a wrong order corrupts - `intake_questions` (Client intake questions): what to ask a client before computing - `evidence` (Documents and evidence): which documents to insist on, and what is draft-grade vs file-grade - `judgment_rule` (Judgment rules): how a practitioner actually picks when the law allows two routes - `conservative_default` (Conservative defaults): what to assume when a fact is unknowable at draft time - `trap` (Traps and most-missed items): the mistakes everyone makes, what they cost, and who falls in - `filing_mechanics` (Portal and filing mechanics): how submission actually works: channel, order, what locks - `cross_check` (Cross-checks before signing): what has to reconcile with what before delivery, and how close is close enough - `pattern_library` (Pattern library): how messy real-world data (bank lines, payout platforms) maps to tax categories - `edge_case` (Edge-case playbook): the client situations that change the method, not just the numbers - `unsettled_law` (Unsettled-law flags): what not to finalise right now, and why - `handback_protocol` (Hand-back protocol): what the finished working paper contains and who reviews it ## Output format: oa-handback v1 When the interview is done, write the answers up as ONE markdown file in exactly this shape. Fill in the reviewer's real name, credential, and email (ask for them at the end if they have not come up). Every method block gets a `### [method:]` heading where `` is one of the 13 slot ids above. Keep `guide_slug` and `guide_version` exactly as given. Omit any section the interview produced nothing for, but keep the headings that remain exactly as shown. The `fact_key` column may be left blank when unknown. ```markdown --- oa_handback: v1 guide_slug: spain-transfer-pricing guide_version: spain-transfer-pricing@2026-05-23T06:30:25.377Z reviewer_name: reviewer_credential: # free text: CPA, EA, ACCA, Steuerberater... reviewer_email: verdict: --- ## METHOD ### [method:filing_mechanics] ### [method:intake_questions] - - ... ## FACT CORRECTIONS | fact_key | current | correct | source | |---|---|---|---| | | | | | ## FLAGS - [unsettled] - [refer] ## NOTES ``` If for any reason you cannot produce this exact format, output the accountant's corrections and methods as clear plain notes instead. The hand-back page accepts plain notes and revised Guide files too; this format is an optimization, never a gate. --- # THE GUIDE UNDER REVIEW --- name: spain-transfer-pricing description: Use this skill whenever asked about Spain transfer pricing rules, documentation requirements, or precios de transferencia compliance. Trigger on phrases like "transfer pricing Spain", "Spanish TP documentation", "precios de transferencia", "master file Spain", "local file Spain", "CbCR Spain", "APA Spain", "Model 232", "AEAT transfer pricing", or any question about intercompany pricing for Spanish entities. jurisdiction: ES domain: transfer-pricing tax_year: 2025 --- # spain-transfer-pricing ## Section 1 -- Quick Reference **Quick Reference** | Field | Value | | --- | --- | | Country | Spain (Kingdom of Spain) | | Tax authority | Agencia Estatal de Administración Tributaria (AEAT) | | Key TP legislation | Article 18, Corporate Income Tax Law (Ley del Impuesto sobre Sociedades -- CITL); Royal Decree 634/2015 (CIT Regulations), Articles 13-16 | | OECD member? | Yes | | BEPS signatory? | Yes | | Currency | EUR | | Documentation language | Spanish | | Skill version | 1.0 | ## Section 2 -- Documentation Requirements ### 2.1 Master File **Master File** | Item | Detail | | --- | --- | | Required? | Yes, for groups with net turnover > EUR 45 million | | Format | BEPS Action 13 / OECD Annex I to Chapter V | | Filing | Available at disposal of AEAT from end of voluntary filing period | | Simplified regime | Below EUR 45m: simplified local file applies | ### 2.2 Local File **Local File** | Item | Detail | | --- | --- | | Required? | Yes, for related-party transactions > EUR 250,000 per party per year (per transaction type) | | Format | BEPS Action 13 / OECD Annex II to Chapter V | | Filing | Available at disposal of AEAT from end of voluntary filing period | | Content | Economic analysis, comparables, method selection, financial data | ### 2.3 Model 232 (Informative Declaration) **Model 232** | Item | Detail | | --- | --- | | Required? | Yes, where thresholds exceeded | | Key thresholds | >EUR 250,000 market value with same related party; >EUR 100,000 for "specific transactions" | | Specific transactions | Transactions with tax haven entities, transactions involving intangibles, professional services, etc. | | Filing deadline | Month following the ten-month period after FY-end (e.g., 30 November for calendar year companies) | ### 2.4 Country-by-Country Report (CbCR -- Model 231) **CbCR Model 231** | Item | Detail | | --- | --- | | Threshold | Consolidated group revenue ≥ EUR 750 million | | Filing deadline | 12 months after end of FY | | Filing method | Electronic (Model 231) | ## Section 3 -- Arm's Length Standard ### 3.1 Definition - **Arm's length standard** — Transactions between related parties must be valued at their market value -- the value that would have been agreed between independent parties under comparable circumstances. _(Article 18.1 CITL)_ ### 3.2 Accepted Methods **Accepted Methods** | Method | Accepted | | --- | --- | | Comparable Uncontrolled Price (CUP) | Yes | | Resale Price Method (RPM) | Yes | | Cost Plus Method (CPM) | Yes | | Transactional Net Margin Method (TNMM) | Yes | | Profit Split Method (PSM) | Yes | ### 3.3 Preferred Method - **Preferred method** — No statutory hierarchy, but Article 18.4 CITL establishes a preference for CUP where applicable. Most appropriate method principle generally applies. _(Article 18.4 CITL)_ ### 3.4 AEAT Position - **Secret comparables prohibited** — AEAT is not permitted to use "secret comparables" -- all comparables must be disclosed to the taxpayer. ## Section 4 -- Filing Obligations **Filing Obligations** | Obligation | Detail | | --- | --- | | Master File | Maintain; available to AEAT from end of voluntary filing period | | Local File | Maintain; available to AEAT from end of voluntary filing period | | Model 232 | Annual informative filing | | Model 231 (CbCR) | Annual filing | | Corporate tax return (Model 200) | Annual; includes related-party transaction disclosure | ## Section 5 -- Deadlines **Deadlines** | Item | Deadline | | --- | --- | | Documentation preparation | By end of voluntary corporate tax filing period | | Model 232 filing | Month following 10 months after FY-end (November 30 for calendar year) | | Model 231 (CbCR) | 12 months after end of FY | | Corporate tax return (Model 200) | 25 days following 6 months after FY-end (July 25 for calendar year) | ## Section 6 -- Penalties ### 6.1 No TP Adjustment by AEAT **No TP Adjustment penalties** | Offence | Penalty | | --- | --- | | Failure/incomplete documentation | EUR 1,000 per data item; EUR 10,000 per set of data | | Cap | Lower of: 10% of aggregate related-party transaction value OR 1% of net revenue | ### 6.2 With TP Adjustment by AEAT **With TP Adjustment penalties** | Offence | Penalty | | --- | --- | | Documentation failure + adjustment | 15% of the adjustment amount (additional to tax + interest) | | Transactions with non-cooperative jurisdictions | 20% of the adjustment amount | ### 6.3 Model 232 Penalties **Model 232 Penalties** | Offence | Penalty | | --- | --- | | Late/incorrect filing | EUR 20 per omitted data item; minimum EUR 300, maximum EUR 20,000 | ## Section 7 -- Advance Pricing Agreements (APA) **Advance Pricing Agreements** | Item | Detail | | --- | --- | | Availability | Yes | | Types | Unilateral, Bilateral, Multilateral | | Governing legislation | Article 18.9 CITL; Articles 21-29 CIT Regulations | | Application | To AEAT; must include proposed methodology and comparables | | Duration | Up to 4 years prospective; prior years may be included | | Fees | No formal fee | | Processing time | Variable; historically lengthy but improving | | Annual compliance report | Required | | Binding | Binding on AEAT for covered period | ## Section 8 -- Safe Harbours Spain has very limited safe harbour provisions: ## Section 8 -- Safe Harbours **Safe Harbours** | Area | Detail | | --- | --- | | Professional partnerships (Art. 18.6 CITL) | Safe harbour where ≥75% of income allocated to partners, subject to conditions (company has resources; >75% from professional activities) | | Low-value intra-group services | No formal safe harbour; 5% cost-plus benchmark approach may be applied but doesn't exempt from analysis | | General transactions | No safe harbour; all must be at arm's length with supporting analysis | | Interest rates | No safe harbour; arm's length market rate must be demonstrated | ### 8.1 Professional Partnerships Safe Harbour (Art. 18.6) - **Professional partnerships safe harbour conditions** — This is Spain's only formal safe harbour: Entity allocates ≥75% of income to professional partners; Entity has human and material resources to carry out the work; More than 75% of income comes from professional activities; When conditions met: transaction deemed valued at market value without further analysis required _(Art. 18.6 CITL)_ ### 8.2 No General Safe Harbours - **No general safe harbours** — Spain explicitly does not publish TP safe harbours, norms, or deemed margins. AEAT insists on case-by-case arm's length analysis based on facts and circumstances. Secret comparables are not permitted. ## Section 9 -- Recent Developments **Recent Developments** | Date | Development | | --- | --- | | 2024 | Pillar Two (GloBE) implemented via transposition of EU Minimum Tax Directive | | FY2025 | Public CbCR requirement expected (EU directive transposition) | | 2024 | AEAT increased TP audit activity, particularly on intangibles and financial transactions | | Ongoing | OECD Pillar One Amount B: Spain monitoring implementation | | 2022 | Model 232 thresholds and instructions updated | | Ongoing | Spain does not publish TP safe harbours or norms; case-by-case approach | ## Section 10 -- Interaction with Other Skills **Interaction with Other Skills** | Related skill | Interaction | | --- | --- | | spain-bookkeeping | TP documentation supported by PGC accounting records; related-party disclosures | | spain-corporate-tax | TP adjustments under Art. 18 directly affect CIT (Impuesto sobre Sociedades) base | | spain-vat | TP adjustments may affect customs valuation | | Model 232 | Annual informative obligation separate from but related to TP documentation | | CbCR (Model 231) | Global risk assessment used by AEAT for audit selection | ## Disclaimer This skill and its outputs are provided for informational and computational purposes only and do not constitute tax, legal, or financial advice. 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