Spain: New procedure to request a Spanish attestation
Clearstream Banking1 informs clients that effective
immediately
clients wishing to obtain a Spanish attestation (“Attestation”) from Clearstream Banking for income payments from 30 November 2020 must send their request to the following dedicated email address: es_attestations@clearstream.com.
Background
The issuance of an Attestation can be requested by clients who wish to obtain a standard refund of withholding tax directly with the Spanish Tax Authorities. The Attestation is delivered only if the beneficial owner was taxed on income payment.
The Attestation is issued by the custodian, Clearstream Banking AG. It provides evidence that tax was withheld at source for a taxable income payment and includes:
- The position held by Clearstream Banking on behalf of the beneficial owner;
- The amount of the net dividend/interest credited to Clearstream Banking together with the tax withheld at source.
Important note: The attestation does not replace the full chain of credit advices. It cannot be considered as a credit advice of payment from Clearstream Banking to the client. If required, a Clearstream Banking credit advice must be requested separately.
Impact on clients
The procedure to request an Attestation is available in the “Market specifics” section under General information – types of securities, deadlines, other market specifics – Spain. The respective templates are also available in Tax forms to use – Spain for clients of Clearstream Banking S.A. and in Tax forms to use – Spain for clients of Clearstream Banking AG.
Note: Attestation requests must be addressed to Clearstream Banking only from 1 February of the year following the year of income payment. Any request received before that date will be rejected.
The delivery of an Attestation may take more than 25 calendar days from the date that the valid request is received by Clearstream Banking. However, Clearstream Banking will deliver the Attestation as quickly as possible, when clients provide valid and complete requests.
There is no guarantee that the competent authorities will grant entitlement to a client’s tax refund.
Further information
For further information, please contact the Clearstream Banking Tax Help Desk, Clearstream Banking Client Service, or your Relationship Officer.
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1. Clearstream Banking refers collectively to Clearstream Banking S.A., registered office at 42, avenue John F. Kennedy, L-1855 Luxembourg, and registered with the Luxembourg Trade and Companies Register under number B-9248, and Clearstream Banking AG, registered office at 61, Mergenthalerallee, 65760 Eschborn, Germany and registered in Register B of the Amtsgericht Frankfurt am Main, Germany under number HRB 7500.