The year 2026 is defined by the full entry into force of DAC8 — the European directive on automatic exchange of crypto asset information — alongside the maturation of the global minimum tax framework and several substantive changes in corporate tax and international taxation. For businesses with international structures or exposure to digital assets, this year establishes a new standard of tax transparency with concrete implications for planning and compliance.
DAC8: Automatic Exchange of Crypto Asset Information Arrives in Europe
Directive (EU) 2023/2226 — known as DAC8 — requires Crypto Asset Service Providers (CASPs) established in the European Union to report annually to the tax authority of their registration member state the transactions conducted by their users. This data is automatically exchanged between EU tax administrations, replicating the model that has worked successfully for bank accounts and financial structures since the CRS standard entered into force.
Reported data includes: account holder identification, year-end balance, buy and sell transactions with their euro-denominated amounts, and transfers to and from the platform. CASPs must apply due diligence procedures to identify their clients and their tax residence, with particular attention to users who may be resident in other member states.
For companies that have used European exchanges to manage treasury in cryptocurrencies or to make investments, DAC8 means the AEAT will have complete transaction data from the 2026 fiscal year. Any discrepancy with filed returns will automatically generate a proposed regularisation.
Pillar Two at Cruising Altitude: The Minimum Rate Is Now Embedded
From 2026, the Pillar Two top-up tax operates at full application. The affected groups — with consolidated revenues above €750 million — that performed initial calculations and adapted their reporting systems in 2024 and 2025 must now manage this obligation on an ongoing and efficient basis.
The principal complexity in 2026 is the interaction between the Qualified Domestic Minimum Top-up Tax (QDMTT) that Spain has approved for local subsidiaries of foreign groups, and the IIR rules applied by other member states to their parent companies in respect of subsidiaries in Spain. Groups with subsidiaries in countries that have not yet approved equivalent QDMTTs must be particularly careful to avoid double taxation or gaps in the attribution chain.
New Corporate Tax Deductions for 2026
The legislative package approved in 2025 introduces for 2026 a set of deductions oriented towards digital and ecological transition:
Digitalisation deduction: Investments in certified business management software, AI applied to production processes and cybersecurity generate a 15% tax credit, capped at 10% of the adjusted gross tax liability. This deduction is compatible with the investment reserve provided for under the Startup Law.
Green asset investment deduction: Investments in equipment and technologies that reduce CO₂ emissions as certified by IDAE generate a 10% deduction, extendable to 15% for companies with an approved decarbonisation plan. Documentation of environmental impact is a mandatory requirement for applying the deduction.
Enhanced employment creation deduction: The deduction for hiring disabled workers is expanded, and a new deduction of 50% of the additional wage cost (up to €6,000 per worker) is introduced for the permanent hiring of workers under 30 in areas with youth unemployment rates above 30%.
Changes to the Taxation of Cross-Border Dividends
The pending transposition of the ATAD 3 Directive introduces new restrictions on the dividend and capital gains exemption regime within the corporate tax framework. The Article 21 LIS exemption — which allows dividends from subsidiaries with ownership above 5% and a minimum one-year holding period to be excluded from the taxable base — is restricted from 2026 when the subsidiary does not meet certain real economic substance requirements.
This particularly affects holding structures with subsidiaries in low-tax jurisdictions that operated under the protection of double tax treaties. Groups with such structures must review whether their subsidiaries satisfy the new substance requirements or whether the corporate structure needs to be reconsidered.
Withholding Taxes on Royalties and Interest: Updated Rates
The revision of the OECD Multilateral Convention and its impact on Spain’s double tax treaty network introduces in 2026 an updated scale of withholding taxes on cross-border royalty (patent, software licence) and interest payments between related parties. Rates vary between 5% and 15% depending on the applicable treaty and the type of income. Companies making regular payments to non-residents for software licences, patents or intragroup loan interest need to verify the applicable rates under each relevant treaty.
RDL 7/2026 Mid-Year Tax Measures
The approval of Royal Decree-Law 7/2026 (March 2026) added a set of emergency tax measures in response to the Middle East energy crisis. For 2026 tax purposes, the most relevant changes are:
VAT on energy: Natural gas VAT reduced from 21% to 10% until 30 June 2026. Electricity VAT reduced to 5% for the same period. Pellets and briquettes maintain the 0% rate introduced in 2023.
Electricity tax (Impuesto Especial sobre la Electricidad): Rate reduced to 0.5% through 30 June 2026. This benefits companies with high energy consumption, particularly in manufacturing and agriculture.
IRPF adjustment: An additional allowance for work-related income is introduced for taxpayers whose principal income source is affected by the energy price increases. Self-employed in transport, agriculture and industrial sectors benefit from an estimated deduction of €500-€1,200 depending on income level.
For companies managing their corporate tax projections for 2026, these measures affect the calculation of annual tax payments if provisional instalment amounts were estimated before the decree. Companies using the proportional base method (pago fraccionado on the previous year’s IS) should recalculate, as the rate changes affect the effective tax position.
Practical Checklist for 2026 Tax Planning
Given the volume of changes in force this year, the following actions are most pressing for Spanish companies and their tax advisers:
- Review all crypto positions and file voluntary regularisations before the first DAC8 exchange reporting deadline
- Audit Pillar Two compliance if group revenues exceed €750 million; verify QDMTT compatibility
- Document AI and digitalisation investments to support new digital investment deduction claims
- Verify subsidiary substance requirements under ATAD 3 to protect Article 21 LIS exemptions
- Update withholding tax analysis for royalty and interest payments to non-residents
- Recalculate IS quarterly instalments if RDL 7/2026 energy measures affect the tax base
At BMC our specialist tax team is here to help with planning and compliance for the 2026 tax year. See our tax planning services.
