International warning about the Spanish tax system: legal implications and considerations for foreign investors
International lawyer Robert Amsterdam has issued a warning to investors, companies and authorities in the United States about alleged abusive practices in the Spanish tax system. According to a statement released by PR Newswire, the lawyer urges US authorities to review their tax cooperation with Spain until, he says, ‘the rule of law and legal protection of taxpayers are fully guaranteed’.
Although the warning comes from an external source and does not represent the official position of any international body, it has sparked debate about legal certainty and the protection of foreign investors in Spain.
Legal perspective: tax security in Spain
The Spanish tax system is governed by the principles of legality, economic capacity and legal certainty (Articles 9.3 and 31 of the Spanish Constitution). Spain applies European and OECD standards on tax transparency and the fight against fraud.
However, there are tensions between tax collection efficiency and taxpayer guarantees, notably:
- Extensive or intrusive tax inspections.
- Frequent changes in the criteria of the Directorate-General for Taxation or the AEAT.
- Protracted litigation before economic-administrative courts.
Impact on foreign investors
These warnings may influence perceptions of country risk. The most sensitive areas are:
- International taxation and double taxation agreements.
- Impatsied regime (‘Beckham Law’).
- Taxation of dividends, royalties and capital gains.
- Security of real estate and technology investments.
Legal guarantees in force in Spain
The Spanish regulatory framework offers solid guarantees:
- Law 58/2003, General Taxation.
- Charter of Taxpayers' Rights and Guarantees (Law 1/1998).
- Appeals before the TEAC and the National Court.
- International tax dispute resolution mechanisms (EU Directive 2017/1852).
- Arbitration protection under bilateral treaties and the Energy Charter Treaty.
Considerations for SF Abogados and its clients
SF Abogados highlights three key areas of advice:
1. International tax planning and tax compliance:
- Review of international structures.
- Risk analysis in the event of regulatory changes.
- Assistance with inspections and appeals.
2. Tax defence and litigation:
- Appeals before the TEAC and courts.
- Legal defence before the National Court and Supreme Court.
- Cooperation and information exchange procedures.
3. Taxation of non-residents and international assets:
- Application of double taxation agreements.
- Advice to expatriates and international subsidiaries.
- Asset protection in the face of regulatory changes.
Final reflection
Tax certainty is an essential pillar for investment. Although there is external criticism, Spain has adequate protection mechanisms in place if taxpayers act with transparency and seek specialised advice.
The role of specialised law firms such as SF Abogados is to offer clarity, effective defence and sound planning in a globalised tax environment.
