Country by Country (CbC) reporting is a tax transparency requirement for large multinational groups, which must disclose financial and tax information broken down by jurisdiction. In Spain, the regulatory framework has been adapted to both OECD guidelines (BEPS Action 13) and European regulations, with some specific national features.

1. Reporting Obligation: Form 231

• Since 2016, Spain requires multinational groups with a parent company resident in Spain and consolidated revenue exceeding €750 million annually to submit Form 231 to the Spanish Tax Agency.
• This report must include revenues, taxes paid, profits, assets, employees, and economic activities of each group entity in every jurisdiction where it operates.
• The obligation is established in Law 27/2014 on Corporate Income Tax and further developed in Article 13.1 of the Corporate Income Tax Regulations and Order HFP/1978/2016.

2. Transposition of the European Directive and Public CbC Reporting

• In 2022, Spain transposed Directive (EU) 2021/2101, which mandates the public disclosure of country-by-country information for certain multinational groups.
• Who is affected?
  • Groups with a Spanish parent company or subsidiaries/branches of foreign groups with revenues exceeding €750 million in the last two consecutive financial years.
  • Exemptions apply for subsidiaries if the parent publishes the information according to EU rules and designates a subsidiary for filing.
• When?
  • The public disclosure obligation applies to financial years starting on or after June 22, 2024.
  • In Spain, the deadline to publish and file the report is 6 months after the fiscal year-end, which is stricter than the 12 months allowed by the EU Directive.
• How?
  • The report must be submitted electronically using the common template established by the European Commission and filed with the Commercial Registry alongside the annual accounts.
  • It must be freely available on the company’s website for at least 5 years.

3. Regional Specificities

• Foral Territories (Bizkaia, Gipuzkoa, Álava):
  • A special version of Form 231 is required, including additional information on the group’s economic activity and structure in the province.
  • A detailed explanatory report on related-party transactions, risks, and transfer pricing agreements is also required.
  • Reports can be submitted in Basque or Spanish.
• Navarra:
  • Generally follows the standard rules but may require specific annexes on related-party transactions and financial information of group companies in Navarra.
• Canary Islands:
  • Form 231 must include specific information on transactions with companies in free zones or the Canary Islands Special Zone, detailing the application of the special tax regime.
• Ceuta and Melilla:
  • No significant differences, but companies must detail the application of local tax regimes and free zone operations.

4. Summary of Obligations and Deadlines

Aspect	Spain (Mainland)	Foral Territories / Navarra / Canary Islands / Ceuta-Melilla
Revenue Threshold	> €750 million	Same, with additional local annexes and requirements
Reporting Form	Form 231	Adapted Form 231 plus explanatory report
Filing Deadline	6 months after fiscal year-end	Same, with local particularities
Public Disclosure	Mandatory from 2024	Same
Language	Spanish or official EU language	Basque/Spanish in Basque Country
Format	Electronic, EU template	Same

5. Key Considerations

• Spain has adopted a shorter deadline (6 months) for public disclosure than the EU Directive (12 months).
• Public CbC reporting represents a significant step forward in tax transparency, allowing public access to information previously restricted to tax authorities.
• Companies must pay close attention to local requirements in foral territories and special tax regimes.