GUIDANCE NOTES ON SPANISH TAX FORM 210
SALE OR GIFT OF BANCO SANTANDER CDIs BY SHAREHOLDERS WHO ARE NOT
RESIDENT IN SPAIN
1.
GENERAL
1.1
This note is intended as a general guide to filling in and submitting Form 210. It is based on
current Spanish law and practice. It does not purport to provide tax advice. Any Santander
shareholders who are in any doubt as to their tax position should consult their own
professional advisers.
1.2
This note does not provide official guidance on Form 210 and it has not been reviewed by the
Spanish tax authorities.
2.
WHO IS THIS GUIDANCE FOR?
2.1
This note is addressed to shareholders of Banco Santander, S.A. (“Santander”) who are not
resident in Spain. Most of these shareholders will hold their entitlement to Santander shares
through the CDI (CREST Depository Interest) arrangement (“Santander CDIs” or “CDIs”).
2.2
Santander CDIs were admitted to listing on the Official List and to trading on the London
Stock Exchange on 1 July 2005. Spanish tax requirements apply to shareholders on the sale
of their Santander CDIs.
2.3
Subject to compliance with certain formalities and the payment of the appropriate fee,
Abbey Sharedealing offers assistance with the Spanish tax requirements to eligible
shareholders who sell their CDIs through Abbey Sharedealing (more information is available
on 0800 169 2001). Shareholders who sell their Santander CDIs through a different broker
will have to deal with the Spanish tax formalities themselves and may find this guidance
useful in doing so.
2.4
Paragraph 3 below explains when shareholders are required to submit Form 210 to the
Spanish tax authorities. In such cases, a signed original Form 210 must be physically
delivered to the Spanish tax authorities in Madrid. Shareholders will therefore generally need
to appoint a tax representative in Spain to submit Form 210 on their behalf. Shareholders will
need to comply with certain formalities to appoint a Spanish tax representative and a fee will
be payable for the services offered. The Spanish tax representative may offer additional
services such as actually filling in Form 210 for the shareholder. It is recommended that
shareholders contact a Spanish tax representative who can offer these services. The Spanish
tax representative should then advise you how to proceed. Below are the details of one such
tax representative although you are of course free to select any tax representative of your
choosing:
Gestoría Mingot
C/Príncipe de Vergara 56, 4° Derecha
28006 Madrid
Spain
E-mail: [email protected]
Website: www.gesmingot.com
Where a shareholder agrees to send a completed Form 210 to the Spanish tax representative,
this guidance may assist the shareholder in filling in the form. However, this is subject to any
advice received by the shareholder from the Spanish tax representative about the procedure
for filling in the form.
1
2.5
This guidance is addressed to Santander shareholders who (i) are not tax resident in Spain and
are tax resident in the European Union (including the UK) or in a country with which Spain
has signed a double tax treaty containing provisions which exempt from Spanish tax any
capital gains derived by such a person from the sale of CDIs in a Spanish company
(Appendix 1 sets out a non-exhaustive list of countries which have entered into such a double
tax treaty with Spain); (ii) are the beneficial owners of their Santander CDIs; (iii) do not
carry on business through a permanent establishment in Spain with which their holdings of
Santander CDIs are effectively connected; and (iv) do not own, directly or indirectly, 10% or
more of the share capital or CDIs carrying 10% or more of the voting rights in Santander.
2.6
Shareholders who do not fall within the description in paragraph 2.6 may still qualify for an
exemption from Spanish tax on capital gains in relation to the sale or gift of their Santander
CDIs. Such shareholders and any shareholders who are in any doubt as to their tax position
in respect of a sale of Santander CDIs should consult their own professional advisers.
3.
WHY DO I NEED TO FILE FORM 210?
3.1
A Santander shareholder who is not resident in Spain for tax purposes, who disposes of
Santander CDIs by way of sale or gift and who realises a gain on that disposal is required by
Spanish law to file a tax return (Form 210) with the Spanish tax authorities declaring the gain
made on the disposal. A separate Form 210 must be filed for each transfer of CDIs.
3.2
Form 210 must be filed within one month of the date of the sale or gift of the CDIs. Even if
no tax is payable, failure to file Form 210 can give rise to a €100 fine which may increase to
€200 if Form 210 is not filed before a demand has been issued by the Spanish tax authorities.
If tax is payable, failure to file Form 210 within the one month time limit can lead to
additional penalties.
3.3
If a shareholder wishes to claim the application of an exemption from Spanish tax in relation
to the sale or gift of CDIs as a resident of the European Union or the exemption provided for
under a double tax treaty between Spain and the country in which the shareholder is tax
resident, Form 210 must be accompanied by an appropriate certificate of residence from the
relevant tax authority (see paragraphs 6 and 7 below for further details). If the shareholder
does not fall within the description in paragraph 2.6 above, the gain may still be exempt but
this note does not give guidance for such shareholders.
2
4.
WHERE DO I FIND FORM 210?
4.1
The easiest and quickest way to obtain Form 210 is by downloading it from the internet.
Form 210 can be downloaded from the Spanish tax authorities’ website at www.aeat.es by
clicking on “Modelos y Formularios” (right hand menu), then “Declaraciones”, then
“Impuesto sobre la Renta de No Residentes” and then scrolling down to number 210 and
clicking on “210” and by clicking on “210” again. FORM 210 IS ONLY AVAILABLE IN
SPANISH AND, FOR SPANISH LAW PURPOSES, YOU MUST FILL IN AND
SUBMIT THE SPANISH FORM. This guidance note aims to assist you in doing this.
4.2
Each copy of Form 210 has a unique barcode and the form must therefore be printed off the
website (i.e. a photocopy of the form is not sufficient). If you are not able to download Form
210 from the internet you should consult your Spanish tax representative (see paragraph 2.5
above).
4.3
This note does not include a translation of the official instructions that accompany Form 210,
but incorporates the relevant provisions of those instructions into this guidance. If required,
the official instructions (in Spanish) can be found on the Spanish tax authorities’ website at
www.aeat.es by clicking on “Modelos y Formularios”, then “Declaraciones”, then “
Impuesto sobre la Renta de No Residentes” and then scrolling down to number 210 and
clicking on “Instrucciones”.
5.
HOW DO I FILL IN FORM 210?
5.1
First of all, you will need to obtain a copy of Form 210. Paragraph 4 above explains how to
do this.
5.2
Form 210 consists of 7 pages. The pages are not numbered but, for convenience, where this
note refers to page numbers, it refers to the order in which the pages appear. You only need
to complete and submit pages 1, 2, 4 and 5 (that is, the pages with “Ejemplar para la
Administración” or “Ejemplar para el contribuyente-representante” in the bottom right hand
corner). You can discard pages 3, 6 and 7 (that is, the pages with “Ejemplar para el
responsable solidario o retenedor” or “Ejemplar para la entidad coloboradora” in the
bottom right hand corner).
5.3
The information to be filled in on page 1 is identical to the information to be filled in on page
2 and the information to be filled in on page 4 is identical to the information to be filled in on
page 5. Following submission of the form to the Spanish tax authorities, the pages are
distributed to different interested parties; pages 1 and 4 are copies for the tax authorities and
pages 2 and 5 are copies for the taxpayer.
5.4
Each of pages 1, 2, 4 and 5 of Form 210 must be typed or filled in by hand in blue or black
ink and in capital letters and all four pages must be submitted to the Spanish tax authorities.
Filling in the form online
5.4.1
If you are downloading Form 210 from the internet, you can fill in the form online by
clicking on “Rellenar Formulario” at the top right hand side of page 1. In this case
you will only need to fill in pages 1 and 4 as the information will be copied onto the
other relevant pages automatically (please note that Form 210 cannot be submitted
online – see paragraph 8 below for further details on how to submit the form). If you
complete the form online, then once you have completed it you should print it off,
discard pages 3, 6 and 7 and ensure that you sign pages 1, 2, 4 and 5.
3
Filling in the form manually
5.4.2
If you have printed off Form 210 and are filling it in manually, you can discard pages
3, 6 and 7 to begin with. You will need to copy the information entered on page 1
onto page 2 and the information entered on page 4 onto page 5 and sign all of these
pages.
5.5
Detailed instructions on how to fill in Form 210 are set out in Appendix 2 (these are divided
into instructions on how to fill in page 1 and instructions on how to fill in page 4). You
should read these together with the specimen Form 210 in Spanish attached at Appendix 6
which has been annotated for guidance (this is a specimen only and should not be used).
Because Form 210 is in Spanish, on the specimen form in Appendix 6 the boxes to be filled
in on the top half of page 1 have been labelled A-X and the instructions refer to those letters.
The boxes on the bottom half of page 1 are already numbered 1-21 on the official Form 210
and the instructions refer to these boxes by those numbers. The boxes to be filled in on page
4 have been labelled A1-U1 and the instructions refer to those letters. When Spanish
headings in Form 210 are referred to in the instructions, these appear in italics.
5.6
The person who signs Form 210 can be either the shareholder or certain other persons
including the shareholder’s Spanish tax representative (see paragraph 2.5 above). Who fills
in and signs the form will depend on what the shareholder has agreed with his/her Spanish tax
representative. The instructions in Appendix 2 have been drafted on the assumption that the
shareholder himself/herself (or in the case of a corporate entity, an authorised officer) will be
completing and signing Form 210 which will then be delivered to the Spanish tax authorities
by the shareholder’s Spanish tax representative. However, this is subject to any advice
received by the shareholder from the Spanish tax representative about the procedure for
filling in the form.
6.
WHAT DOCUMENTS DO I NEED TO FILE WITH FORM 210?
6.1
As mentioned above, in order for a shareholder to benefit from the exemption from Spanish
tax in relation to the gain on the sale or gift of Santander CDIs as a resident of the European
Union or the exemption provided in a relevant double tax treaty between Spain and the
country in which the shareholder is tax resident, Form 210 must be accompanied by a
certificate obtained within the past 12 months from the relevant tax authority stating that, to
the best of their knowledge, the shareholder is resident in that country (or, alternatively,
where the shareholder seeks to benefit from a double tax treaty, that the shareholder is
resident in that country within the meaning of the double tax treaty). Shareholders who are
eligible for more than one exemption (for example someone who is resident in the UK may
be able to benefit from the exemption for European Union residents and from the exemption
in the double tax treaty between the UK and Spain) may choose which exemption to claim,
although it will generally be more convenient to seek to rely on a double tax treaty exemption
if it is available.
6.2
Therefore, if a UK resident shareholder wishes to claim the exemption from Spanish tax
under the double tax treaty between the United Kingdom and Spain, Form 210 must be
accompanied by a certificate obtained within the past 12 months from HM Revenue and
Customs (“HMRC”) stating that, to the best of their knowledge, the shareholder is resident in
the United Kingdom within the meaning of the double tax treaty between the United
Kingdom and Spain.
7.
HOW DO I OBTAIN A CERTIFICATE OF TAX RESIDENCE?
7.1
Shareholders who are tax resident in the United Kingdom can request an appropriate
certificate of tax residence from HMRC using the pro forma letter attached at Appendix 4 (for
4
individuals) or Appendix 5 (for companies). These letters can be printed off and used by
filling in the relevant details. Shareholders who are in any doubt as to their tax residence
should seek appropriate professional advice.
7.2
Shareholders will need to fill in certain details such as their address and their national
insurance number (for individuals who live in the UK and have a national insurance number),
company tax reference number (for UK companies) or other local tax reference number, if
any (for non-UK shareholders). Shareholders should sign and date the letter and send it, in
the case of an individual, to the HMRC office that deals with the individual’s tax affairs and,
in the case of a company, to the HMRC office that deals with the company’s accounts.
7.3
Shareholders who are resident elsewhere should consult the tax authorities in their
jurisdiction of residence in order to find out how to obtain an appropriate tax residence
certificate.
8.
HOW DO I FILE FORM 210 ONCE I HAVE COMPLETED IT?
8.1
Your appointed Spanish tax representative (see paragraph 2.5 above) should advise you how
to proceed to arrange for Form 210 to be submitted to the Spanish authorities.
9.
JOINT HOLDERS AND TRUSTEES
9.1
Where Santander CDIs are held in joint names, each shareholder should fill in a Form 210 in
respect of his/her fractional interest in the CDIs.
9.2
In relation to trusts, it is thought that the correct procedure under Spanish law is for each
beneficiary to fill in a Form 210 and obtain a certificate of tax residence. However, this is a
complex area and trustees selling their Santander CDIs should seek appropriate professional
advice.
10.
OTHER MATTERS
10.1
Certain other Spanish tax issues may be relevant to Santander shareholders – for UK resident
shareholders these are described in the Scheme Circular at pages 38 to 40. In particular (a)
the recipient of a gift of Santander CDIs may need to comply with Spanish tax requirements
and (b) requirements apply on death of a shareholder owning Santander CDIs.
10.2
Santander shareholders in any doubt about these matters, in particular those not tax resident
in the UK, should seek appropriate professional advice.
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APPENDIX 1
LIST OF CERTAIN COUNTRIES WITH WHICH SPAIN HAS ENTERED INTO A DOUBLE
TAX TREATY 1
Australia
Belgium
Canada
Denmark
France
Germany
Greece
Ireland
Israel
Italy
Netherlands
Portugal
Switzerland
United Kingdom
United States
1
This is not a comprehensive list. Shareholders whose jurisdiction does not appear on the above list
should seek their own professional advice. Shareholders resident in an EU country may also benefit
from an exemption – see 6.1 above.
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APPENDIX 2
INSTRUCTIONS FOR FILLING IN FORM 210
Before you start filling in Form 210, please ensure that you have read the main guidance note as
it contains important information to enable you to fill in Form 210 properly (including where to
find Form 210).
These instructions are intended to be read with the annotated specimen form in Appendix 6 (on
pages 16 and 17). We recommend that you print off Appendix 2 and Appendix 3 before
attempting to complete Form 210.
1.
PAGE 1
Note: exactly the same information is to be included on page 2 – this will be done
automatically if the form is filled in online or needs to be copied onto that page if the form
is completed by hand. Page 1 has the words “Ejemplar para la Administración” in the
bottom right hand corner and page 2 has the words “Ejemplar para el contribuyenterepresentante” in the bottom right hand corner.
1.1
Section headed “Agencia Tributaria” – this section asks for details of the tax office with
which Form 210 will be filed.
1.1.1
Box A, under “Delegación de” – insert Madrid.
1.1.2
Box B, under “Administración de” – insert Guzman el Bueno.
1.1.3
Box C, under “Código” – insert 28616.
1.2
Box D, under “Fecha de devengo” – insert the date of the sale or gift of the Santander CDIs
in the format DD/MM/YYYY. If you are uncertain, your broker should be able to provide
you with this information.
1.3
Section headed “Presentador” – this section asks for details of the person making the
declaration, that is, the person who will sign Form 210 (or in the case of a shareholder who is
not an individual, details of the shareholder). Although a shareholder may appoint a tax
representative in Spain to sign Form 210 on behalf of the shareholder, these instructions deal
only with the situation in which the shareholder signs Form 210 himself/herself (or, in the
case of a shareholder who is not an individual, the Form 210 is signed by an authorised
person of the shareholder) and the form is then delivered to the Spanish tax authorities using
the special facility referred to at paragraph 8 of the note to which this appendix is attached.
1.3.1
Box E – this space is reserved for the Spanish tax label of the shareholder. Leave
blank.
1.3.2
Box F, under “N.I.F.” – leave blank.
1.3.3
Box G, under “F/J” – insert “F” if the shareholder is an individual: insert “J” if the
shareholder is not an individual.
1.3.4
Box H, under “Apellidos y Nombre o Razón Social” – insert surname and
forename(s) (in that order) or name if not an individual.
1.3.5
Box I, under “Calle/Plaza/Avda” – insert street name.
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1.3.6
Box J, under “Número” – insert street number.
1.3.7
Box K, under “Municipio” – insert town or city.
1.3.8
Box L, under “Provincia” – insert county, if applicable, and country.
1.3.9
Box M, under “Cod. Postal” – insert postcode (or as much of the postcode as
possible if it does not fit).
1.3.10 Box N, under “Contribuyente” – mark an “X” in this box to indicate that the
shareholder (or, if the shareholder is not an individual, an authorised person) is
signing the form. To do this online, click on the box.
1.4
Section headed “Contribuyente” – this section asks for details of the shareholder and has to
be filled in even though these are the details that will have been filled in under “Presentador”
above:
1.4.1
Box O, under “N.I.F.” – leave blank.
1.4.2
Box P, under “F/J” – insert “F” if the shareholder is an individual; insert “J” if the
shareholder is not an individual.
1.4.3
Box Q, under “Apellidos y Nombre o Razón Social” – insert surname and
forename(s) (in that order) or name if not an individual.
1.4.4
Box R, under “Código extranjero” – if you are an individual, you live in the UK and
have a national insurance number, insert it here. If you are an individual, live in the
UK but do not have a national insurance number, leave this blank. If the shareholder
is a UK company, insert the company’s tax reference number here. Non-UK
shareholders should insert their local tax reference number, if any.
1.4.5
Box S, under “Calle/Plaza/Avda” – insert street name.
1.4.6
Box T, under “Número” – insert street number.
1.4.7
Box U, under “Municipio” – insert town or city.
1.4.8
Box V, under “Provincia/Pais” – insert county, if applicable, and country.
1.5 Section headed “Representante del Contribuyente”- this section asks for details of the
representative of the shareholder and should be filled in as follows if you are using our suggested
representative (see 2.5) :
1.5.1
Under “N.I.F.”- insert 02547540X
1.5.2
Under “F/J” – insert “F”
1.5.3
Under “Apellidos y Nombre o Razón Social” – insert Mingot Martinez de Velasco
Teresa
1.5.4
Under “Calle/Plaza/Avda” – insert Principe de Vergara
1.5.5
Under “Número” – insert 56
8
1.5.6
Under “Municipio” – insert Madrid
1.5.7
Under “Provincia” – insert Madrid
1.5.8
Under “Cod. Postal” insert 28006
1.6
The unmarked boxes that follow (until Box 1) should be left blank (i.e. the boxes under the
headings “Pagador/Retenedor” and the first box under “Renta obtenida”).
1.7
Section headed “Renta obtenida” – this asks for details of the gain made by the shareholder:
1.8
1.7.1
Box 1, under “Código país” – insert country code for the country of residence of the
shareholder. The country code for the United Kingdom is GB. The country codes
for certain other countries are set out in Appendix 3. If the relevant country code is
not listed in Appendix 3, a full list of country codes can be found (in Spanish) on the
Spanish tax authorities’ website at www.aeat.es by clicking on “Modelos y
Formularios”, then “Declaraciones”, then “Impuesto sobre la Renta de No
Residentes” and then scrolling down to number 210 and clicking on “Instrucciones”
and then “Códigos de Países y Territorios”.
1.7.2
Box 2, under “Tipo renta” – insert the number 24 which is the code for capital gains
on the sale or gift of listed shares or CDIs.
1.7.3
Box 3, under “Clave de divisa” – insert the code of the currency used to make the
payment for the sale of the CDIs. If you are uncertain, your broker should be able to
provide you with this information. This code is 954 for payments in Euros, 826 for
payments in pounds sterling and 840 for payments in US dollars. The codes for other
currencies can be found (in Spanish) on the Spanish tax authorities’ website at
www.aeat.es by clicking on “Modelos y Formularios”, then “Declaraciones”, then
“Impuesto sobre la Renta de No Residentes” and then scrolling down to number 210
and clicking on “Instrucciones” and then “Hoja Informativa”. In the case of a gift
insert 954.
Section headed “Determinación de la base imponible” – this deals with the calculation of the
amount on which tax is payable. Any monetary amounts must be in Euros and expressed to
two decimal places. Decimal places should be expressed with a comma so, for example
€1000 should be expressed as €1000,00. This is done automatically if you are filling in the
form online.
1.8.1
Boxes 4-8 should be left blank.
1.8.2
Box 9, under “Fecha de adquisición” – insert the date that the Santander CDIs were
acquired. This will be 12 November 2004 for CDIs acquired as a result of
Santander’s acquisition of Abbey.
1.8.3
Box 10, under “Valor de transmisión” – insert in € the disposal proceeds less any
expenses directly related to the disposal paid by the shareholder on disposal of the
CDIs such as the commission paid to a broker (your broker will be able to advise you
of these amounts).
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Where the disposal is a sale at arm’s length on a stock exchange (such as where you
are selling through a broker), the amount to be inserted can generally be calculated as
follows:
(Total sale proceeds – broker’s commission)
X
Euro exchange rate on the date of sale
If you do not sell on a stock exchange (for example if you sell privately or you gift
your CDIs) then, strictly, for Spanish tax purposes the amount of the disposal
proceeds is the higher of (a) the listed price multiplied by the number of CDIs
disposed of and (b) the price paid for the disposal of the CDIs. Therefore where a
disposal is not a sale at market value in an arm’s length transaction, (i) in the case of
a disposal at more than market value, the amount of the disposal proceeds is the price
paid, and (ii) in the case of a disposal at an undervalue or gift, the disposal proceeds
must be calculated by multiplying the number of Santander CDIs disposed of by the
mid-market price of the Santander CDIs on the day they were disposed of (you can
obtain the mid-market price for any given day by writing to Grupo Santander
Shareholder Department Santander House, 100 Ludgate Hill, London EC4M 7NJ or
by e-mail to [email protected]). If a disposal is not wholly for
cash, then different rules may apply and you should seek appropriate professional
advice.
1.8.4
Box 11, under “Valor de adquisición” – insert the acquisition value of the Santander
CDIs which is calculated as follows:
Number of CDIs sold x acquisition cost of each share
+
expenses directly related to the acquisition paid by the shareholder
The acquisition cost will be €8.44 per share for CDIs acquired as a result of
Santander’s acquisition of Abbey. Shareholders who own Santander CDIs that were
not acquired as a result of Santander’s acquisition of Abbey should seek appropriate
professional advice.
1.9
1.8.5
Box 12, under “Diferencia” – insert the difference between the amount in Box 10 and
the amount in Box 11.
1.8.6
Box 13, under “Base Imponible” – insert the number in Box 12.
Section headed “Liquidación” – this deals with the amount of tax payable:
1.9.1
Box 14, under “Tipo de gravemen” – a shareholder claiming an exemption from
Spanish tax under a double tax treaty or as a resident of the European Union should
insert “0” in the box under “Enteros” and “00” in the box under “Decimales”.
1.9.2
Box 16, under “Exención Convenio” – if a shareholder is claiming an exemption
from Spanish tax under a double tax treaty, mark an “X” in this box. To do this
online, click on the box.
1.9.3
Box 15, under “Exención Ley 41/1998” – if the shareholder cannot claim an
exemption from Spanish tax under a double tax treaty but is tax resident in a member
state of the European Union, mark an “X” n this box. To do this online, click on the
box.
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1.9.4
1.10
Leave all other boxes under this heading blank.
Section headed “Fecha y Firma”:
1.10.1 Box W, under “Fecha” – insert the date on which Form 210 is signed.
1.10.2 Box X, under “Firma” – the shareholder must sign in the box or, if the shareholder is
not an individual, an authorised person must sign in the box and declare in what
capacity he or she is signing (i.e. director, company secretary etc.).
Please ensure that you sign at the bottom of page 2 as well as page 1. Page 1 has the words
“Ejemplar para la Administración” in the bottom right hand corner and page 2 has the words
“Ejemplar para el contribuyente-representante” in the bottom right hand corner.
2.
PAGE 4 (PAYMENT OR REFUND DOCUMENT)
Note: exactly the same information is to be included on page 5 – this will be done
automatically if the form is filled in online or needs to be copied onto that page if the form
is completed by hand. Page 4 has the words “Ejemplar para la Administración” in the
bottom right hand corner and page 5 has the words “Ejemplar para el contribuyenterepresentante” in the bottom right hand corner.
2.1
Section headed “Agencia Tributaria” – this section asks for the details of the tax office with
which Form 210 will be filed:
2.1.1
Box A1, under “Delegación de” – insert Madrid
2.1.2
Box B1, under “Administración de” – insert Madrid.
2.1.3
Box C1, under “Código” – insert 28600.
2.2
Box D1, under “Fecha de devengo” – insert the date of the sale or gift of the Santander CDIs
in the format DD/MM/YYYY. If you are uncertain, your broker should be able to provide
you with this information.
2.3
Section headed “Presentador” – as on page 1 this section asks for details of the person
making the declaration, that is, the person who will sign Form 210 (or if the shareholder is
not an individual, details of the shareholder). Although a shareholder may appoint a tax
representative in Spain to sign Form 210 on behalf of the shareholder, these instructions deal
only with the situation in which the shareholder signs Form 210 himself/herself (or, in the
case of a shareholder who is not an individual, the Form 210 is signed by an authorised
person of the shareholder) and the form is then delivered to the Spanish tax authorities using
the special facility referred to at paragraph 8 of the note to which this appendix is attached.
2.3.1
Box E1 – this space is reserved for the Spanish tax label of the shareholder – see
1.3.1 above.
2.3.2
Box F1, under “N.I.F.” – leave blank.
2.3.3
Box G1, under “F/J” – insert “F” if the shareholder is an individual; insert “J” if the
shareholder is not an individual.
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2.3.4
Box H1, under “Apellidos y Nombre o Razón Social” – insert surname and
forename(s) (in that order) or if the shareholder is not an individual, the name of the
shareholder.
2.3.5
Box I1, under “Calle/Plaza/Avda” – insert street name.
2.3.6
Box J1, under “Número” – insert street number.
2.3.7
Box K1, under “Esc.” – insert staircase number, if applicable.
2.3.8
Box L1, under “Piso” – insert floor number, if applicable.
2.3.9
Box M1, under “Prta” – insert flat number, if applicable.
2.3.10 Box N1, under “Código Postal” – insert postcode (or as much of the postcode as
possible if it does not fit).
2.3.11 Box O1, under “Municipio” – insert town or city.
2.3.12 Box P1, under “Provincia” – insert county, if applicable.
2.3.13 Box Q1, under “Código País” – insert country code for the country of residence of
the shareholder. The country code for the United Kingdom is GB. The country
codes for certain other countries are set out in Appendix 3. If the relevant country
code is not listed in Appendix 3, a full list of country codes can be found (in Spanish)
on the Spanish tax authorities’ website at www.aeat.es by clicking on “Modelos y
Formularios”, then “Declaraciones”, then “Impuesto sobre la Renta de No
Residentes” and then scrolling down to number 210 and clicking on “Instrucciones”
and then “Códigos de Países y Terriitorios”.
2.4
The boxes under the sections headed “Cuota Diferencial”, “Ingreso” and “Devolución”
should be left blank.
2.5
Box R1, under “Cuota Cero” – mark an “X” in this box to indicate that no tax is payable. To
do this online, click on the box.
2.6
Section headed “Firma”:
2.6.1
Box S1, under “Fecha” – insert the date on which Form 210 is signed.
2.6.2
Box T1, under “Firma” – the shareholder must sign in the box or, if the shareholder
is not an individual, an authorised person must sign in the box and declare in what
capacity he or she is signing (i.e. director, company secretary etc.).
2.6.3
Box U1, under “Contribuyente” – mark an “X” in this box to indicate that the form
has been signed by the shareholder or, if the shareholder is not an individual, an
authorised person.
Please ensure that you sign at the bottom of page 5 as well as page 4. Page 4 has the words
“Ejemplar para la Administración” in the bottom right hand corner and page 5 has the words
“Ejemplar para el contribuyente-representante” in the bottom right hand corner.
12
APPENDIX 3
COUNTRY CODES FOR FORM 210
Country
Country Code
Australia
AU
Belgium
BE
Canada
CA
Cyprus
CY
Denmark
DK
France
FR
Germany
GE
Greece
GR
Hong Kong
HK
Ireland
IE
Israel
IL
Italy
IT
Malta
MT
Netherlands
NL
New Zealand
NZ
Portugal
PT
South Africa
SA
Switzerland
CH
United Arab Emirates
AE
United Kingdom
GB
United States
US
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APPENDIX 4
PRO FORMA LETTER TO HM REVENUE AND CUSTOMS – INDIVIDUALS
From:
………………………………………….………..
Name
………………………………………….………..
Address
………………………………………….………..
………………………………………….………..
Date:
………………………………………….………..
To: 1
………………………………………….………..
………………………………………….………..
………………………………………….………..
………………………………………….………..
Dear Sirs
Sale of shares in Banco Santander, S.A.
I hereby request a certificate confirming that to the best of your knowledge I am resident in the
United Kingdom within the meaning of the Spain/United Kingdom tax convention.
Please send such certificate to me at the address set out above.
Yours faithfully
……………………………….………..
Signature
……………………………….………..
Name
……………………………….………..
National Insurance Number (if any)
……………………………….………..
Date of Birth
……………………………….………..
Male / Female 2
1
Insert name and address of the HM Revenue and Customs office that deals with the individual´s tax affairs.
Please specify. This information is requested as it may facilitate HMRC´s process for certifying if you are resident in the UK
for tax purposes.
2
14
APPENDIX 5
PRO FORMA LETTER TO HM REVENUE AND CUSTOMS – COMPANIES
From:
………………………………………….………..
Name
………………………………………….………..
Address
………………………………………….………..
………………………………………….………..
Date:
………………………………………….………..
To: 1
………………………………………….………..
………………………………………….………..
………………………………………….………..
………………………………………….………..
Dear Sirs
Sale of shares in Banco Santander, S.A.
I hereby request a certificate confirming that to the best of your knowledge
………………………………………………………………………………………
2
is resident in the United Kingdom within the meaning of the Spain/United Kingdom tax convention.
Please send such certificate to me at the address set out above.
Yours faithfully
………………………..
Signature
………………………..
Name
………………………..
Capacity (e.g. Director / Secretary)
For and on behalf of
……………………………………..……………………….
2
Company Tax Reference Number
…………………………………………………. 3
1
Insert name and address of the HM Revenue and Customs office that deals with the individual´s tax affairs.
Insert name of company.
3
Insert company tax reference number.
2
15