U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–112 

" ! SENATE 113TH CONGRESS

2d Session 

TREATY DOC. 

2014

113–4 

THE PROTOCOL AMENDING THE TAX CONVENTION 

WITH SPAIN 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

THE PROTOCOL AMENDING THE CONVENTION BETWEEN THE 

UNITED STATES OF AMERICA AND THE KINGDOM OF SPAIN 

FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ITS PROTOCOL, SIGNED AT MADRID ON FEBRUARY 

22, 1990 

MAY 7, 2014.—Treaty was read the first time, and together with the 

accompanying papers, referred to the Committee on Foreign Relations 

and ordered to be printed for the use of the Senate 


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(III)

LETTER OF TRANSMITTAL 

To the Senate of the United States: 

I transmit herewith, for the advice and consent of the Senate to 

its ratification, the Protocol Amending the Convention between the 

United States of America and the Kingdom of Spain for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with 

Respect to Taxes on Income and its Protocol, signed at Madrid on 

February 22, 1990, and a related Memorandum of Understanding 

signed on January 14, 2013, at Madrid, together with correcting 

notes dated July 23, 2013, and January 31, 2014 (together the ‘‘proposed protocol’’). I also transmit for the information of the Senate 

the report of the Department of State, which includes an overview 

of the proposed protocol. 

The proposed protocol was negotiated to bring United StatesSpain tax treaty relations into closer conformity with U.S. tax treaty policy. The proposed protocol exempts from source-country withholding cross-border payments of certain direct dividends, interest, 

royalties, and capital gains, and updates the provisions of the existing convention with respect to preventing abuse by third-country 

investors and the exchanges of information between revenue authorities. The proposed protocol also updates the mutual agreement 

procedure by requiring binding arbitration of certain cases that the 

competent authorities of the United States and Spain have been 

unable to resolve after a reasonable period of time. 

I recommend the Senate give early and favorable consideration 

to the proposed protocol and give its advice and consent to its ratification. 

BARACK OBAMA. 

THE WHITE HOUSE, May 7, 2014. 


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(V)

LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, 

Washington, February 24, 2014. 

The PRESIDENT, 

The White House. 

DEAR MR. PRESIDENT: I have the honor to submit to you, with 

a view to their transmission to the Senate for advice and consent 

to ratification, the Protocol Amending the Convention between the 

United States of America and the Kingdom of Spain for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with 

respect to Taxes on Income and its Protocol, signed at Madrid on 

February 22, 1990, and a related Memorandum of Understanding 

(together the ‘‘proposed protocol’’) signed January 14, 2013, at Madrid, together with correcting notes dated July 23, 2013, and January 31. 

The proposed protocol was negotiated to bring U.S.-Spain tax 

treaty relations into closer conformity with current U.S. tax treaty 

policy. The proposed protocol exempts from source-country withholding cross-border payments of certain direct dividends, interest, 

royalties, and capital gains, and updates the provisions of the existing convention with respect to preventing abuse by third-country 

investors and the exchanges of information between revenue authorities. Also, the proposed protocol updates the mutual agreement procedure by requiring binding arbitration of certain cases 

the competent authorities of the United States and Spain have 

been unable to resolve after a reasonable period of time. An overview of key provisions of the proposed protocol is enclosed with this 

report. 

The proposed protocol is self-executing. The Department of the 

Treasury and the Department of State cooperated in the negotiation of the proposed protocol, and the Department of the Treasury 

joins the Department of State in recommending the proposed protocol and correcting notes be transmitted to the Senate as soon as 

possible for its advice and consent to ratification. 

Respectfully submitted, 

JOHN F. KERRY. 

Enclosures: As stated. 


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