London Daily

Focus on the big picture.
Friday, Oct 02, 2026

Spain to take Gibraltar off tax haven list after treaty enters into force

Spain to take Gibraltar off tax haven list after treaty enters into force

Spain will take Gibraltar off its list of tax havens after an agreement with the United Kingdom on tax cooperation entered into force earlier this month.

While the British Overseas Territory was no longer on the European Union or the Organisation for Economic Cooperation and Development (OECD)’s lists of non-cooperative jurisdictions, it remained on Spain’s own blacklist, created in 1991.

The goal of this unprecedented treaty, which was published in Spain’s Official Gazette on Saturday, is to ensure that Gibraltar applies EU-equivalent legislation in terms of tax transparency and the fight against money laundering following Britain’s exit from the EU. The agreement also seeks to reinforce cooperation and information exchange to prevent the British Overseas Territory from becoming a magnet for Spanish tax evaders.

The agreement entered into force on March 4, two years after being signed by the Spanish and British governments, and it sets out clear rules to define when a natural or legal person shall be considered tax resident in Spain (read the full text of the treaty in English here).

Spanish tax residency


According to the text of the agreement, natural persons will be considered tax resident only in Spain in the following cases: when they spend over 183 overnight stays of the calendar year in Spain; when their spouse (from whom they are not legally separated) or the natural person with whom a similar relationship has been established, as well as any dependent ascendants or descendants, reside habitually in Spain; when the only permanent home at their disposal is in Spain; or when two thirds of their net assets, whether held directly or indirectly, are located in Spain.

As for legal persons and entities, they will be considered a tax resident only in Spain, even if they are established or managed in Gibraltar, if any of the following circumstances exist: the majority of the assets, whether directly or indirectly owned, are located in Spain; if the majority of the income accrued in a calendar year derives from sources in Spain; if the majority of the natural persons in charge of effective management are tax resident in Spain; or if the majority of the interests in the capital or equity, voting or profit-sharing rights are under the direct or indirect control of either natural persons who are tax residents in Spain or legal entities linked to tax residents in Spain.

The agreement notes that these rules do not apply to legal persons or entities that were incorporated in Gibraltar before 16 November 2018, as long as several conditions are met. It also underscores that any Spanish natural or legal persons who set up their residence in Gibraltar after the date of entry into force of the treaty will still maintain tax residency only in Spain.

Information exchange


There will be administrative cooperation through liaison bodies to deal with any discrepancies that may arise and to exchange tax information. Gibraltar will give Spanish tax authorities “annual information on workers registered in Gibraltar as residents in Spain, fully identifying every aspect of the underlying employment relationship or any trade, business, profession or vocation carried on or exercised by these workers, including details of duration, economic terms and employer.”

Gibraltar will also give Spanish tax authorities information on vessels, aircraft and motor vehicles registered in Gibraltar relating to tax residents in Spain. It will furthermore provide “direct and free access to the records of the Registrar of Companies in Gibraltar […] as well as to the Gibraltar Land Registry.”

Newsletter

Related Articles

0:00
0:00
Close
Scottish Court to Rule on Bid to Force No-Confidence Vote Against Aberdeen Council Co-Leader
UK Bans Extra Charges for Seating Children Under 12 Beside Accompanying Adults
UK Introduces Vaping Duty and New Licensing Requirements
Greggs to Close Four UK Factories and Cut 740 Jobs
Hundreds of Prisoners Released Early as England and Wales Prisons Reach 98% Capacity
UK Unveils New Russia Sanctions Targeting War Funding and Shadow Fleet
Burnham Says There Are Strong Indications of Iranian Involvement in RAF Fairford Security Breach
Prime Minister Andy Burnham Raises Prospect of Reviewing Britain's Post-Brexit EU Relationship
Markets Price in Bank of England Rate Increases as Inflation Rises to 3.1%
UK Borrowing Costs Climb Toward 5.5% as Global Bond Sell-Off Intensifies
UK-France One-In-One-Out Migration Agreement Expires as London Seeks Alternative Measures
Southwest England Faces Flood Alerts After Heavy Autumn Storms
UK Expands Funding for Rapid Electric Vehicle Charging Infrastructure
Welsh Government Approves Funding to Upgrade South Wales Transport
Northern Ireland Tensions Rise as Orange Order Rejects Drumcree Compromise
NHS Leaders Back Early Design of Proposed National Care Service
More Than One-Third of Regional UK Universities Face Financial Deficits
UK Current Account Deficit Narrows as Cross-Border Financial Flows Remain Strong
Bank of England and FCA Issue New Rules for Stablecoins and Digital Assets
MI5 Warns UK Universities Over Research Links With Chinese Institutions
UK Energy Price Cap Rises 4% as Electricity VAT Is Temporarily Suspended
Equity Calls for UK Personality Rights to Protect Performers From AI Replication
OpenAI Pauses Advanced Model Training Following Safety Concerns
Scottish Government Proposes Replacing 32 Councils With Larger Regional Authorities
Ofgem Raises UK Household Energy Price Cap by 4% From October
UK Counter-Terrorism Police Continue Investigation After Five Arrests Near RAF Fairford
OECD Cuts UK 2027 Growth Forecast to 1%
Labour Says State Pension Triple Lock Remains Protected Through Current Parliament
Andy Burnham Pledges National Care Service With Free Social Care in England
Six Flags Permanently Shuts Landmark X2 Roller Coaster Following Safety Scandals
Metropolitan Police Rule Out Terrorism in Golders Green Stabbing Investigation
Lithium-Ion Battery Identified as Cause of Fatal Merseyside House Fire
UK Department Rejects New Sea Use Framework Due to Stakeholder Fatigue
Major Thames Water Pipe Burst Causes School Closures in London
Aldi Commits £900 Million to Expand UK Supermarket Network
Scottish Affairs Committee Warns Skills Shortages Threaten Defence Sector Expansion
Parliamentary Committee Warns Northern Ireland Budget Deadlock is Stalling Economic Growth
NHS Hospitals in England Face Severe Shortages of Essential Medications
Home Secretary Signals Major Overhaul of UK Immigration and Leave to Remain Policies
Chancellor Promises New Job Schemes Alongside Strict Fiscal Discipline
Energy Secretary Proposes Taxpayer-Funded Green Transition and National Electricity Grid
UK Government to Renationalise Avanti West Coast Railway Franchise in March
Prime Minister Andy Burnham Pledges Major Social Care and Infrastructure Reforms
Five Suspects Released on Bail Following Alleged Bomb Plot Near RAF Fairford
UK Diesel Prices Hit Record High of 199p Per Litre
Transport for Wales and Network Rail Complete Electrification of South Wales Metro
Defra Expands Incentives for Sustainable Farming and Biodiversity in England
Northern Ireland Executive Approves Funding Package to Resolve Public Sector Pay Disputes
Universities UK Warns of Financial Insolvency Risks for Higher Education Institutions
UK Prisons Activate Emergency Protocols to Manage Capacity Pressures
×