On Saturday 13th March 2021, the Governments and Parliaments of the Kingdom of Spain and the United Kingdom have now taken all steps necessary to ratify the entry into force of the International Agreement on taxation and the protection of financial interests between the United Kingdom and Spain regarding Gibraltar (the “Treaty”). The Treaty entered into force on 4th March 2021 and was published in Spain’s Official State Bulletin on 13th March 2021.
Although the treaty came into effect on 4 March 2021, as per the text of the Treaty, Article 2 (Tax residency rules for individuals and legal persons) shall take effect for taxable periods commencing on or after the date of entry into force of the Treaty. Gibraltar’s tax year runs from 1 July to 30 June and Spain’s tax year runs from 1 January to 31 December. For Gibraltar, the rules relating to individuals and legal persons would come into effect as from 1 July 2021. For Spain, the same rules would come into effect as from 1 January 2022.
The automatic exchange of information on workers registered with the Gibraltar Income Tax Office as residents in Spain, and vessels, aircraft and motor vehicles registered in Gibraltar relating to tax residents in Spain, and vice versa, will be retrospective, commencing on or after 1 January 2014. In respect of any other exchange of information, the taxable periods will commence on or after 1 January 2011 for all charges to tax arising on or after 1 January 2011.