On 23 June 2026, Ministerial Order HAC/623/2026, dated 12 June, was published in the Spanish Official Gazette (Boletín Oficial del Estado – BOE). The Order introduces significant amendments to the administration of the Spanish Non-Resident Income Tax (NRIT) regime, directly affecting Forms 210, 213 and 296.

The Spanish Tax Agency (AEAT) has expressly stated that the purpose of these amendments is to significantly strengthen its monitoring and scrutiny of two areas of particular international tax sensitivity: claims for refunds of dividend withholding tax and the reporting of income derived from Spanish real estate by non-resident taxpayers.

1. What is the objective of these changes?

The new measures are intended to mitigate the risk of tax fraud and the abusive use of Double Taxation Treaties (DTTs). In particular, the AEAT is pursuing three main objectives:

• Full traceability of dividend income: to prevent abusive dividend arbitrage practices, such as Cum-Ex transactions—rapid purchases and sales of shares around the dividend payment date—and Cum-Cum arrangements, whereby a foreign investor temporarily transfers shares to a resident entity before the dividend distribution, by requiring the unequivocal identification of listed securities.

• Enhanced monitoring of the real estate sector: to enable the automatic cross-checking of income reported by non-resident taxpayers against cadastral records and information provided by rental platforms, which are already subject to reporting obligations under the DAC7 Directive.

• Automation of tax audits: to obtain structured data enabling the immediate rejection of refund claims that fail to comply with the new reporting requirements.

2. Main Forms Affected and Key Technical Changes

Form 210 – Non-Resident Income Tax Return (without a Permanent Establishment)

Form 210 is the principal tax return used by non-residents deriving income in Spain. The amendments make its completion more complex by introducing new mandatory reporting requirements for taxable events arising after the entry into force of the Order:

• New Schedule 210R – Breakdown of Dividend Income: Where taxpayers elect to file a consolidated return, dividend income may no longer be reported as an aggregate amount. Instead, an itemised breakdown must be provided for each dividend payment, including:

- the ISIN code of the shares;
- the Legal Entity Identifier (LEI) of the issuing entity;
- the Market identification code, classified according to whether the securities are listed on a Spanish regulated market, an EU regulated market, a non-EU market, or are unlisted.

• Enhanced reporting of real estate income: A new mandatory field requiring the disclosure of the property's “cadastral reference number” (referencia catastral) has also been introduced in order to ensure the precise identification of any property generating taxable income, (whether through deemed income rules or rental income).

Form 296 – Annual Informative Return on Withholding Tax

This form, filed by Spanish withholding agents (including banks and other paying entities), has been aligned with Form 210 and will now require the same transaction-by-transaction breakdown of dividend payments made to non-resident taxpayers. This will enable the AEAT to carry out automatic cross-checks between the information reported by withholding agents and the corresponding tax returns filed by taxpayers.

3. New Filing Calendar

The Order substantially reorganises the filing deadlines with effect from the 2026 tax year. While the new timetable simplifies the reporting of rental income, it also introduces stricter compliance requirements for ordinary filings.

4. Key Implications for International Clients and Individuals (under the Beckham Law)

Although taxpayers benefiting from Spain's Special Tax Regime for Inbound Employees (commonly referred to as the Beckham Law) file their annual tax return using Form 151, the new Order will also affect them indirectly, yet significantly, due to the hybrid nature of their tax status.

As a reminder, individuals applying the Beckham Law are generally taxed under the rules governing the Spanish Non-Resident Income Tax (NRIT) in respect of their Spanish-source income, (with the exception of employment income, which is subject to the specific rules applicable under the regime).

• Spanish-source dividends: Where a taxpayer benefiting from the Beckham Regime holds shares in Spanish companies or maintains an investment portfolio comprising Spanish securities, any withholding tax suffered and the reporting of those dividends will be subject to the enhanced disclosure requirements introduced through Form 210R and Form 296.Any discrepancy in the reported ISIN or LEI codes may delay or prevent the refund of excess withholding tax.
• Investments in Spanish real estate: Many international individuals taking advantage of the Beckham Regime acquire second homes or investment properties in Spain during their stay. Rental income derived from those properties must be reported through Form 210. The introduction of the mandatory cadastral reference number increases the likelihood of tax enquiries where the Spanish Tax Agency identifies that a property is connected to utility services or listed on online rental platforms, yet the corresponding Form 210 has either not been filed or contains inaccuracies, particularly in relation to the new April filing deadline.

• Increased scrutiny of corporate holding structures: The mandatory reporting of the Legal Entity Identifier (LEI) will also place greater scrutiny on foreign holding companies through which many international clients structure their investments in Spain.

5. Recommendations

In light of these developments, and in order to anticipate potential compliance risks, taxpayers should consider implementing a clear action plan. As a first step, it is advisable to obtain the relevant LEI and ISIN codes from custodians or administrators in respect of dividend income.

With regard to Spanish real estate, taxpayers should consider carrying out a review of cadastral information to ensure its accuracy and consistency. In addition, planning the filing process in advance will be essential to comply with the new unified filing deadline during the first 20 days of April for Form 210 returns reporting rental income where tax is payable.

YOLANDA CANO
Partner, Tax

*This article does not constitute legal advice.