{"id":15341,"date":"2026-10-15T12:21:26","date_gmt":"2026-10-15T10:21:26","guid":{"rendered":"https:\/\/www.gentile.law\/?p=15341"},"modified":"2026-10-15T12:23:09","modified_gmt":"2026-10-15T10:23:09","slug":"new-list-of-non-cooperative-jurisdictions-what-changes-and-when-it-applies","status":"publish","type":"post","link":"https:\/\/www.gentile.law\/en\/new-list-of-non-cooperative-jurisdictions-what-changes-and-when-it-applies\/","title":{"rendered":"New list of non-cooperative jurisdictions: what changes and when it applies"},"content":{"rendered":"\n\n\n

Published: <\/strong>15-10-2026<\/p>\n\n\n\n

Order HFP\/115\/2023 established the Spanish list of non-cooperative jurisdictions (formerly referred to as \u201ctax havens\u201d) as a dynamic list, subject to periodic review in light of national and international developments. Order HAC\/649\/2026 constitutes a further revision and, according to its preamble, reflects the effective progress achieved in the areas of transparency and fair taxation. For taxpayers and businesses with international operations, the relevant question is not only which jurisdictions are removed from or added to the list, but also from which tax period<\/strong> each change takes effect.<\/p>\n\n\n\n

Jurisdictions removed from and added to the list<\/strong><\/h2>\n\n\n\n

Section one of the sole article removes Barbados, Dominica, Gibraltar, Seychelles, and Trinidad and Tobago<\/strong> from the list of non-cooperative jurisdictions, together with Samoa\u2019s harmful \u201coffshore business\u201d tax regime. American Samoa, which is listed as a separate jurisdiction, remains on the list.<\/p>\n\n\n\n

Section two, in turn, adds the Russian Federation<\/strong>, solely in respect of its harmful tax regime for \u201cinternational holding companies\u201d. The designation does not extend to the country as a whole, but only to entities that benefit from that regime.<\/p>\n\n\n\n

Following the amendment, the list continues to include Anguilla, Bahrain, Bermuda, Fiji, Guam, Guernsey, the Isle of Man, the Cayman Islands, the Falkland Islands, the Mariana Islands, the Solomon Islands, the Turks and Caicos Islands, the British Virgin Islands, the United States Virgin Islands, Jersey, Palau, American Samoa and Vanuatu.<\/p>\n\n\n\n

Entry into force: the tax period is key<\/strong><\/h2>\n\n\n\n

The second final provision distinguishes between two dates. The removals entered into force on 28 June 2026, the day following publication. The inclusion of Russia is deferred by six months, until 28 December 2026. The second final provision also sets out a transitional regime for taxes whose tax period had not ended on the date on which the Order entered into force. In such cases, the countries or territories and the harmful tax regimes that will be regarded as non-cooperative jurisdictions during that tax period shall be those set out in Order HFP\/115\/2023, of 9 February, as worded prior to the entry into force of the amendment. Accordingly, the new additions to and removals from the list of non-cooperative jurisdictions will not apply to tax periods already in progress on that date.<\/p>\n\n\n\n

The sole transitional provision reinforces this point: for taxes whose tax period had not ended upon entry into force, the previous list under Order HFP\/115\/2023 continues to apply.<\/p>\n\n\n\n

The practical consequences of the entry into force are significant. For a Corporate Income Tax (CIT) or Personal Income Tax (PIT) taxpayer whose financial year coincides with the calendar year, Gibraltar and the other jurisdictions removed from the list will remain non-cooperative throughout 2026<\/strong>, and their removal will only take effect from the 2027 financial year onwards.<\/p>\n\n\n\n

Conversely, the inclusion of Russia will, in practice, affect financial years beginning on or after 1 January 2027. By contrast, for taxes without a tax period, such as Non-Resident Income Tax (NRIT) without a permanent establishment, the changes take effect from the accrual dates indicated above.<\/p>\n\n\n\n

Why the designation matters<\/strong><\/h2>\n\n\n\n

Being resident in, operating through or investing via a non-cooperative jurisdiction triggers a number of anti-abuse rules. The most relevant include:<\/p>\n\n\n\n