Acción 2 del Plan BEPSrecomendaciones en legislación doméstica con especial referencia a España

Abstract

Hybrid mismatch arrangements exploit a difference in the tax treatment of an entity or instrument under the laws of two or more tax jurisdictions that produce multiple deductions for a single expense or a deduction in one jurisdiction with no corresponding taxation in the other jurisdiction. In this article we analyze the different initiatives from the OECD and the European Union to neutralise the effects of hybrid mismatch arrangements. The first part provides a case study which recognises the main hybrid mismatch arrangements. Our second aim is to study the OECD recommendations to counteract the effects of hybrid instruments by domestic law. To prevent overlap, the neutralization of these mechanisms is entrusted to a particular jurisdiction under the international taxation principles. Therefore, it is also analysed the method of operation of these rules through linking rules. In line with each case are studied the measures taken by Spain on these recommendations.