Solicitor Valencia

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EUROPEAN SAVING DIRECTIVE

On 1st of July 2005, the ESD(European Saving Directive) came into effect. This is one of the measures of the EUTax Package. This directive is an agreement between the member states of the European Union to interchange information among them automatically about a resident of the EU that perceives amounts described as “savings” in another state of the UE.

Only Austria, Belgium and Luxembourg will not give information (during a transitory period) but will practice a retention at source in the payment , being increased progressively.

All EU States have joined the ESD and further:
dependent territories of the British Crown ( Channel Islands, British Virgin Islands, Turks and Caicos Islands, Cayman Islands. ).
dependent territories of the Dutch Crown (the Dutch Antilles, Aruba)
third countries like Switzerland, Andorra, Liechtenstein, Monaco and San Marino.

For those who have deposits in banks in Spain and receive interests, the payer bank will inform to the Spanish fiscal Authority about the identity and tax residence of the receiver and the amount of interest and the period in which they were obtained. The Spanish Fiscal Authority will send this information to the fiscal Authority of the residence of the receiver.

The interests obtained by companies are excluded of the ESD directive. However, these interests are object of the Directive on canons and interests obtained by legal entities (of the EUTax Package). The interests obtained in Spain by Spanish companies are excluded from this information.

Your Spanish bank will ask you for your TIN (Tax Identity Number). Only The Netherlands and Ireland have at the moment this TIN number for its residents (in Holland called also “to sufinummer”.)

The rest of countries do not have TIN but the following information can be given to the payer bank:

UK: There are two quasi TIN. The UTR (unique taxpayer reference) is given with tax returns. The more familiar quasi TIN is the National Insurance Number (NINO).

Belgium, Austria and France: Social Security Number.

Denmark: Personal Code Number

Germany: Tax Office Reference Number.

Luxembourg and Sweden: National Identity Number.