Form descriptions - Standard refund - Spanish debt securities
Information is provided here about the forms and their use in relation to the procedure for standard refund of withholding tax on income from Spanish debt securities.
To apply for a standard refund of withholding tax on interest from Spanish debt securities, the following documentation must be submitted to Clearstream Banking depending on the status and residence of the final beneficial owner:
- Breakdown of refund; and
- Certificate of Residence; or
- Copy of Convenio Constitutivo.
Form descriptions are presented according to the procedures available for relief and/or reclaim of withholding tax on income from Spanish debt securities.
Certificate of Residence
A valid Certificate of Residence must be issued for each beneficial owner who is:
- (for domestic bonds subject to RD 1145/2011) not resident of Spain; or
- (for domestic bonds not subject to RD 1145/2011) resident in a country that has a Double Taxation Treaty (DTT) in force with Spain; or
- (for domestic bonds not subject to RD 1145/2011) resident of EU/EEA member countries (not Spain)
The Certificate of Residence is considered as valid if:
- It covers the payment date. Its validity is for one year from its issuance date. Should it specify a specific period, the document will be valid for that particular period only, regardless of the date of issuance.
- It is issued by the local Tax Authorities of beneficial owner’s country of residence.
- It refers to the article of the relevant DTT granting the reduced rate (mandatory only if the treaty rate is reclaimed).
- It is duly signed and stamped by the local Tax Authorities of beneficial owner’s country of residence.
- It is either in Spanish or in English.
- It is presented in its original form.
- It is presented double-sided, Clearstream will not take any responsibility if the form is not double-sided and rejected by the depository.
| Who completes it? | Beneficial owner's tax authorities. |
| How often is it provided? | Per reclaim application. |
| When is it provided? | At the latest, three months before the statutory deadline. |
| Copy or original? | Original required. |
Breakdown of refund
The template of Breakdown of refund should mandatory be used and all columns must be completed in order to be accepted. One Breakdown of refund may contain several reclaim applications (one line per reclaim application) but cannot contain both quick and standard refund applications. It should be provided
- via a duly completed spreadsheet, password-protected, by email to taxspainrefunds@clearstream.com, with the password and the customer instruction to use the spreadsheet for quick or standard refund sent separately via Xact Web Portal, CreationOnline or SWIFT free-format message.
The CreationOnline or SWIFT free-format message must, in either case, include the following details:
Attention: PTS Tax Services
Market: Spain
Type of refund: Quick or Standard
Please find hereafter the password to open our breakdown spreadsheet sent to your attention by email on (date and time) from the email address (email address of the sender)
Password:
Who completes it? | Customer. |
How often is it provided? | Per reclaim application . |
When is it provided? | At the latest, three months before the statutory deadline. |
Copy or original? | Email or SWIFT as explained above. |
Convenio Constitutivo
If the beneficial owner is a supranational organisation recognised by Spanish law.
| Who submits it? | Beneficial owner and beneficial owner's tax authorities. |
| How often is it provided? | Per reclaim application. |
| When is it provided? | At the latest, three months before the statutory deadline. |
| Copy or original? | Copy required. |