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We blog legal and tax information targeted to resident and non resident UE citizens in Spain to help them with these issues and to solve doubt and generate controversy about these matters.

Assets held abroad and new tax form 720
Thursday, February 7, 2013 @ 10:22 AM

 

The object of the this post  is to inform you about the new form called 720, recently approved by the Spanish government by which people and companies that are resident in Spain have to declare their assets abroad.
 
If you are non-resident, you don´t have to do anything. Just beware in case you become tax resident in Spain in years on.
 
The form 720 will be submitted every year between January the 1st and March the 31st of the next year the information is related to. Regarding the information of assets abroad for the year 2012 the period will be (just because it is the first time to do it) between February the 1st and April de 30th.
 
What assets are to be declared?
1.       Funds in banks opened and held abroad Spain when the sum at December 31st or the sum of the average of the last term of the year is above 50.000 €
2.       Shares, insurances and any kind of financial product that added altogether have a value at December the 31st beyond the 50.000 €
3.       Real estate goods and whatever rights over these kind of goods which value at December the 31st is above 50.000 €
 
What penalties will I have to face if I don´t do it?
 
Beside the taxation on the income tax and the penalties in that income tax declaration, the lack of submission of form 720 if you are supposed to, will bring you a penalty of 5.000 € per detail not declared with a minimum fine of 10.000 €. In case you declare without previous request of the Tax Office, but beyond the deadline commented above, the fines will be of 100 € per detail not declared with a minimum fine of 1.500 €
 
Do I have to declare every year the same goods over and over again?
 
No. If your heritage doesn´t change, or if the values of the assets declared don´t vary in more than 20.000 €, you don´t have to declare every year.
Best regards,
 
Best regards,
Antonio Robles Jara
 


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14 Comments


Nikkers said:
Saturday, February 9, 2013 @ 4:06 AM

My understanding also is that if you don't enter these assets on form 720, but it is discovered later on somehow by the Spanish authorities, they will treat what you have as capital gains since the initiation of form 720 and you will pay that tax as well as the penalty


Lorraine said:
Thursday, February 28, 2013 @ 5:16 PM

I have been trying to complete my own 720 online but the website is coming up with an error. Can anyone help? My financial people want to charge 70 euros each (2 of us) for this declaration which is yet another rip-off as we only have a property in the UK and nothing else.


Myra said:
Wednesday, March 6, 2013 @ 1:57 PM

Have just spoken to my tax representative and they have told me that the form can only be completed online, by a 'registered' accountant. The extra 70 euro charge per form seems to be the going rate. Hope that helps.


david morris said:
Thursday, March 21, 2013 @ 6:53 PM

property valuation is the price which you paid for it not the current market valuation.


Brian said:
Thursday, March 28, 2013 @ 10:38 PM

Can someone list the following:

1. Link to website where form 720 can be filled in online

2. Link to a website where the rules for the new tax for assets held abroad are explained simply


John S said:
Sunday, April 7, 2013 @ 12:22 PM

Hi there,

I own a property in Spainthat I built more than twenty years ago and put ( as was common in those day) into a 100 pound Gibraltar Company. The property is still owned in this way and I pay the 3% special tax to the Haciena for its non-declred status.

My question is: With the company in Gibraltar only having a share capital of 100 pounds and no activity other than owning my property in Spain - am I required to declare this in form 720. The actual asset (the property) is not located abroad but here in Spain. Does the Spanish Hacienda consider the Gib company as the asset or the property located in Spain.

Apart from this 100 pound Tax exempt Gibraltar company I have no other financial activities abroad.

Thanking you for any advice

John


Antonio Robles said:
Monday, April 8, 2013 @ 11:51 AM

Hi John,

Your asset is company and its shares. The asset of the company is the estate good. if you need any help with the form you can contact us.

Best regards,
Antonio


Susan said:
Tuesday, April 9, 2013 @ 2:32 PM

Do you have to fill in the new form 720 if you are a resident in Spain but have no assets elsewhere in the world but your home in Spain?


Susan said:
Tuesday, April 9, 2013 @ 2:33 PM

Do you have to fill in the new form 720 if you are a resident in Spain but have no assets elsewhere in the world but your home in Spain?


Antonio said:
Tuesday, April 9, 2013 @ 3:51 PM

If you are resident in Spain and have no assest elsewere but Spain, you don´t have to fill in the form 720


Patricia said:
Thursday, April 18, 2013 @ 10:55 AM

We have been advised that you can fill in form 720 on line - but comments above suggest otherwise, and that it can only be done by an accountant. Is there anyone out there who has done it and can confirm? If we CAN do it outselves, can anyone post a link to the relevant form? Many thanks


ANTONIO ROBLES said:
Thursday, April 18, 2013 @ 10:58 AM

THE PROBLEM IS THAT THE FORM CAN ONLY BE FILLED BY INTERNET, BUT TO SUBMIT IT TO THE TAX OFFICE YOU NEED AN ELECTRONIC SIGNATURA INSTALL IN YOUR INTERNET NAVIGATOR, SO THAT THE FORM IS LINK AND IDENTIFIED TO YOU. TAX ADVISOR WE HAVE AN SPECIFI ELECTRONIC SIGNATURE THAT AUTHORIZE US TO SUBMIT ELECTRONICALLY FORM ON BEHALF OF THIRD PEOPLE


Jeff said:
Monday, April 22, 2013 @ 1:52 PM

Hi, we are now Spanish residants and own our house here in Spain and we have nothing abroad, apart from our staet pensions, and a small drawdown annuity whose capatil fund is around 10000 pounds and my annual payment is around 600 pounds. Do I need to fill-in form 720 and declare this?
Thanking you
Jeff Harris


Jeff said:
Monday, April 22, 2013 @ 1:56 PM

Hi, we are now Spanish residants and own our house here in Spain and we have nothing abroad, apart from our staet pensions, and a small drawdown annuity whose capatil fund is around 10000 pounds and my annual payment is around 600 pounds. Do I need to fill-in form 720 and declare this?
Thanking you
Jeff Harris


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