Quick refund - eligibility, documentation, deadlines - Spanish debt securities (securities held in CBF)

30.10.2020

Who can obtain a quick refund?

Quick refund of withholding tax on interest from Spanish debt securities is available through Clearstream Banking for eligible beneficial owners (who have not obtained an immediate refund) depending on the type of the domestic Spanish debt securities as follows:

1. Domestic bonds subject to RD 1145/2011

Eligible beneficial ownersEffective rate of tax
after refund
Tax
refund available a

Non-residents of Spain

0%

19%

Supranational organisations recognised by Spanish law

0%

19%

Spanish resident corporate income tax payers

0%

19%

a. Expressed as a percentage of the gross interest amount.

2. Domestic corporate bonds not subject to RD 1145/2011

Eligible beneficial ownersEffective rate of tax
after refund
Tax
refund available a

Residents of Double Taxation Treaty countries

Treaty rate

19% minus
the treaty rate b

Residents of EU/EEA member countries (not Spain)

0%

19%

Foreign central banks

0%

19%

Supranational organisations recognised by Spanish law

0%

19%

Spanish resident corporate income tax payers holding corporate bonds issued after 1 January 1999

0%

19%

a. Expressed as a percentage of the gross interest amount.
b. Amount of relief will be 0% if the DTT rate exceeds 19%.

Documentation requirements

There are different documentation requirements depending on the status of the beneficial owner and on the type of the domestic Spanish debt securities.

1. Domestic bonds subject to RD 1145/2011

  • All customers holding such bonds must submit, with the first quick refund application:
    • One-Time Certificate for Domestic Spanish Debt Securities.
  • Customers holding such bonds on behalf of beneficial owners who are eligible for tax exemption but also on behalf of beneficial owners that are Spanish individuals or are not willing to disclose their positions must submit, in addition to the One-Time Certificate and for each quick refund application:
    • Breakdown of Holdings via SWIFT MT599/MT568, CreationOnline or Xact Web Portal message indicating:
      • Customer account number;
      • ISIN code;
      • CBL Corp ID or Income Payment Date;
      • The customer’s total holding;
      • The total position held on behalf of beneficial owners that are non-residents of Spain
      • The total position held on behalf of Spanish corporations;
      • The total position held on behalf of Spanish individuals;
      • The total position of undisclosed beneficial owners.
        Note: The default tax rate will be applied to uninstructed (undisclosed) holdings.
  • Customers holding such bonds on behalf of beneficial owners that are Spanish residents must submit, in addition to the One-Time Certificate and, where applicable, the Breakdown of Holdings and with each impacted quick refund application:
    • List of Spanish Entities.

2. Domestic corporate bonds not subject to RD 1145/2011

  • Beneficial owners resident in a DTT country or in an EU/EEA member country other than Spain and not resident in a tax haven or retrieving the income through an intermediary in a tax must submit:
    • Annual certificate of residence, per beneficial owner, issued by the local tax authorities of the beneficial owner; it is recommended to provide this form double-sided; and
    • List of beneficial owners, per quick refund application, with the name, address and holding of the beneficial owners.
  • Spanish resident corporate income tax payers holding corporate bonds issued after 1 January 1999 must submit:
    • List of beneficial owners, per quick refund application, with the name, address, fiscal ID and holding of the Spanish corporations

3. Supranational organisations

If the beneficial owner is a supranational organisation recognised by Spanish law, the following documentation must be submitted in order to recover the full amount of tax withheld at source:

  • A Swift message with the name, address, the applicable rate of withholding tax, the nominal holding and the net tax amount to be refunded for each final beneficial owner being a supranational organisation;

and, if applicable:

  • A copy of the “Convenio Constitutivo” confirming tax-exempt status.

Direct supranational customers of Clearstream Banking who want to recover the full amount of tax withheld at source on interest from Spanish domestic debt securities may benefit from a standing instruction through the first quick refund application, provided that the customer:

  • Has the status of a supranational organisation; and
  • Holds the Spanish securities for itself as sole beneficial owner; and
  • Submits the required certification to Clearstream Banking by the deadlines set for the respective quick refund application.

The documentation requirements vary depending on whether the supranational organisation:

  • Is included in the “consultation” list confirmed by the Spanish Tax Authorities; or
  • Has signed a “Convenio Constitutivo” with Spain.

Tax-exemption as per “consultation” list

For the standing instruction, the customer is required to submit, once and with the first quick refund application, the following documentation:

  • Spanish Securities - Standing Instruction for International or Supranational Organisations and Central Banks

    certifying, among other things, that the customer holds the Spanish securities exclusively as proprietary assets.

    Note: The “consultation” list is not exhaustive. It includes a certain number of entities for which the Spanish Tax Authorities have confirmed tax-exempt status, not all supranational organisations recognised by Spanish law.

Tax-exemption based on a “Convenio Constitutivo”

For the standing instruction, the customer is required to submit, once and with the first quick refund application, the following documentation:

  • Spanish Securities - Standing Instruction for International or Supranational Organisations and Central Banks

    certifying, among other things, that the customer holds the Spanish securities exclusively as proprietary assets; and
  • A copy of the “Convenio Constitutivo” confirming tax-exempt status.

4. Foreign central banks

If the beneficial owner is a foreign central bank, the following documentation must be submitted in order to recover the full amount of tax withheld at source:

  • A SWIFT message with the name, address, the applicable rate of withholding tax, the nominal holding and the net tax amount to be refunded for each final beneficial owner being a central bank (not in Spain);

and, upon request:

  • A copy of the By-laws or any other official document proving central bank status.

Direct foreign central bank customers of Clearstream Banking who want to recover the full amount of tax withheld at source on interest from Spanish domestic debt securities may benefit from a standing instruction through the first quick refund application, provided that the customer:

  • Has the status of a central bank (not in Spain); and
  • Holds the Spanish securities for itself as sole beneficial owner; and
  • Submits the required certification to Clearstream Banking by the deadlines set for the respective income payment.

For the standing instruction, the customer is required to submit, once and with the first quick refund application, the following documentation:

  • Spanish Securities - Standing Instruction for International or Supranational Organisations and Central Banks

    certifying, among other things, that the customer holds the Spanish securities exclusively as proprietary assets; and, upon request:
  • A copy of the By-laws or any other official document proving central bank status.

Form descriptions are presented according to the procedures available for relief and/or reclaim of withholding tax on income from Spanish debt securities.

Deadlines for receipt of documents

Documentation for a quick refund of withholding tax on interest from Spanish debt securities must be received by Clearstream Banking by the following deadlines, depending on the type of security and the different paying agents:

Type of securityDeadline for receipt by
Clearstream Banking

Government bonds and public debt income paid by Bank of Spain

At the latest 25 calendar days (or the first business day before that if the 25th calendar day is not a business day) after the applicable payment date, by 10:00 CET.

Generalitat de Catalunya Bonds income paid by Bolsa Barcelona

At the latest four business days before the 10th calendar day of the month following the month when the interest payment took place, by 10:00 CET.

Basque bonds income paid by Bolsa Bilbao

At the latest four business days before the 10th calendar day of the month following the month when the interest payment took place, by 10:00 CET.

Generalitat Valenciana Bonds income paid by Bolsa Valenciana

At the latest four business days before the 10th calendar day of the month following the month when the interest payment took place, by 10:00 CET.

Corporate bonds subject to RD 1145/2011 income processed by BBVA

At the latest four business days before the 10th calendar day of the month following the month when the interest payment took place, by 10:00 CET.

Corporate bonds not subject to RD 1145/2011 income processed by BBVA

At the latest the last business day of the month when the interest payment took place, by 10:00 CET.

When are refunds received?

The estimated time for receiving a quick refund is the tenth calendar day of the month following the quick refund deadline.