Tax regulations and links to understand how to fill new Spanish tax form-720.
Form 720: Declaration of Assets Abroad. This form must be filled by all spanish residents owning assets abroad over 50.000 euros. This obligation must be fulfilled during first quarter of each year. Although this first year it is possible to fill until April 30th 2013.
- Link to official text of the regulation: http://www.boe.es/boe/dias/2012/11/24/pdfs/BOE-A-2012-14452.pdf
- Link to Ministry Order 72-HAP-2013 governing the presentation of form-720
- Link to government web-application for filling form 720: https://www.agenciatributaria.gob.es/AEAT.sede/tramitacion/GI34.shtml
- Instructions model 720. Design of model and fields
- Official exchange rates that should be used for assets nominated in non euro currencies: BOE-Bank of Spain resolution
In the model must be declared,
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accounts abroad in financial institutions,
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stocks, bonds, values, financial rights, and savings in insurance companies, deposited, managed or obtained abroad
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all types of Real Estate and rights over Real Estate abroad.
Each of the three blocks of goods, constitutes an obligation of different information to be provided, but the three reporting obligations are articulated through the same form. In this way three reporting obligations would be fulfilled by completing the form 720 informing all goods and rights with respect to the obligation to inform
It is excluded from this obligation to declare when the value thereof does not exceed 50,000 € for each type of assets. The presentation in successive years, after presenting form 720 for the first time will be mandatory when the value declared increases by more than 20.000 €.
The Declaration includes a record for each property situated abroad. For each record indicating its type and subtype:
‘C’:Accounts opened in banking or credit entities located abroad.
- Current account.
- Savings account.
- Term deposits.
- Credit accounts.
- Other accounts.
·”V”: Securities or rights located overseas representative of participation in any type of legal entity, values located overseas representative of the transfer of capital to third parties or provided for its management or administration to any legal instrument, including trusts and “trusts” or mass though lacking legal personality, capable of acting in the course of trade.
- Values or rights of participation in any type of legal entity. As shares and participations in companies.
- Representative values of the transfer of capital to third parties. Bonds …
- Values provided for its management or administration to any legal instrument, including trusts and “trusts” or mass heritage which, though lacking legal personality, capable of acting in the course of trade
· ‘I’: shares and participations in share capital or equity fund of collective investment institutions located abroad. In this case there is no subtype.
· “S”: life insurance (savings not risk) or disability and pension time or annuities, whose insurance companies are located overseas.
- Insurance life or disability, whose insurance company is located abroad.
- Temporary or life income generated as a result of the deposit of capital, abroad.
· “B”: ownership and real rights over properties located abroad.
- Ownership of the property.
- Actual use or enjoyment and bare ownership rights over real estate.
- Timeshares, timeshares shifts, part-time property or similar formulas on real estate.
- Other rights in rem over real estate. In this case you must describe it.
It must file a return if any of those paragraphs (1:C, 2:V, I, S, or 3: B) exceds the figure of 50,000 euros, and only those sections in which the figure is over 50,000 euros.
Information to provide
Information to supply include, open accounts in financial institutions, the balances of these accounts on December 31st, the average balance for the last quarter of the year and the date of opening. All holders, authorized… at 31 December shall declare the balance at 31 December and average balance. … Authorized holders who have ceased to be during the year, indicate only the balance of the day ceased to be holders, authorized…
In terms of the ownership of the account should be indicated if the declarant is:
- Holder
- Representative
- Authorized
- Beneficiary
- Usufructuary
- Taker
- With power of disposal
- Other forms of real property
In the case of Real Estate shall include the date and the value of acquisition, and the date of opening or cancellation of right over Real Estate and, in the case of values, rights, insurance and income deposited or managed abroad, the balance at 31 December of each year. And where appropriate the amount of transfer or sale.
The breach of this obligation has consequences on income tax and corporation tax.
Assets not declared, that cannot be proved its ownership arousing from declared income or assets, will be considered income to be taxed, and a 150% punishment over the value of them.
Penalty for not filling, filling incomplete, filing with non accurate data, will be punished with 100 euros per data with a minimum of 10.000 euros.
Cooperation with other States
On the other hand, Royal Decree approved today partially to Spanish law transposes the Community directive on administrative cooperation in the field of taxation. Thus, reinforcing cooperation in the exchange of information between countries needed for the liquidation of taxes.
Among other issues, is attributed to the tax agency competition to formulate requests for mutual assistance to other States or international organizations. This provides legal security to be achieved greater agility in the process of mutual assistance.
And already a few years ago the tax agency began to provide tax information for citizens of the EU to their respective countries through the model 299 which is filled by Spanish financial institutions, collected and processed by Tax Authority, and information send to respective countries.
The Government aims to deepen in the coming months in this type of agreements for the exchange of information, both to improve the collection of taxes, and to enhance the fight against tax fraud.
Example of filling in data for a current account
Frequently asked questions:
Important note: the obligation to submit a declaration in the case of co-ownership of a good, relies on the value of the asset, not in the value of the percentage owned.
the following questions and answers are taken from the AEAT website:http://www.agenciatributaria.es/AEAT.internet/Inicio_es_ES/La_Agencia_Tributaria/Campanas/Declaraciones_informativas_2012/_INFORMACION/Ayuda/Preguntas_frecuentes__Modelo_720/Obligacion_de_declarar/Obligacion_de_declarar.shtml
1.-Must be filed a Form 720 when ownership of a bank account abroad is shared and whose balance at 31 December exceed the €50.000, but whose ownership corresponds to several people?
- There is a reporting obligation on the bank account when this limit is exceeded (if none of the other exceptions to the obligation to declare apply) regardless of the number of the account holders. Must be informed total balances, indicating the percentage of participation.
2.-Must be filed a Form 720 when sharing ownership of Real Estate located abroad whose acquisition value exceeds the €50,000, at 31 December but whose ownership corresponds to several people?
- Yes, there is a reporting obligation on the property when this limit is exceeded (if none of the other exceptions to the obligation to declare apply) regardless of the number of owners. Must be informed total acquisition value, indicating the percentage of participation.
3.-If a person ceases to be authorized in an account of a financial institution located abroad on June 2012 must file form 720? in that case, which has to be balance and the date to be reported?
- There is obligation to declare if the balance that existed in the account on the date of the revocation of the authorization, if happened by the end of year would had determined obligation to declare by 31 December.
- The content of the Declaration in connection with this account in the event that there is obligation to declare it must inform about:
- Business name or full name of the Bank or credit as well as his home.
- The complete identification of the account.
- The date of the revocation of the authorization.
- The account balance at the date in which I leave be authorized.
4. Do I need to declare pension schemes contracted abroad?
- There is no obligation of information about pensions plans (for contributions to them or capital into them) as long as is not fulfilled the requirement that is covered by the scheme and capital is withdrawn.
5-When an individual moved abroad once started the exercise and must file the tax on the income of natural persons by this exercise. Are you required to file also the information model with respect to the property and rights abroad?
- Yes, provided in accordance with the regulation of these three obligations of information is obliged to fill form 720
6.- If a person is the “owner” of an account abroad whose balance at 31/12 is € 40,000 and is also “authorized” in other current account whose balance at 31/12 is €30,000, there is obligation to declare?
Yes, provided that no if no cause of exoneration.
7. Form Field “Tax Number in the country of fiscal residence”. There are no instructions what should be put in this box?
The instructions on how to fill concrete boxes are in the link that is up on the design of the model 720 records:
- It will indicate the tax identification number of the entities declared in the previous field, assigned in the country or territory of residence tax.
- This field will be blank when the “type of asset” take the value “B”.
Example: in the case of an account in the Bank Espirito Santo of Portugal, will be the VAT Number of this entity in Portugal.
8. Do I need to declare asset which have been sold during the financial year, and before 31 December has been reinvested in other assets?
No. When the loss of the status of owner or real owner referred to in the last paragraph of article 42 ter.1 have his origin in the transmission of values and rights, and the amount obtained had been entirely used in the acquisition of other securities or rights which must be declared, You only must declare balances at 31 December.
9. What exchange rate is used to value goods in foreign currency?
- The European Central Bank official exchange rate will be used at December 31, for the balance at 31 December and for converting into euros fourth quarter average balance. BOE-Bank of Spain resolution
- In the case of cancellations of accounts, the official rate on the date of cancellation will be used.
- In the case of real estate, the value of acquisition, as well as in the rest of goods and rights subject to Declaration, must conform to the exchange rate prevailing on the date of December 31 for the year corresponding to the declared information.
Hello Javier
I am completing my first modelo 720 and just want to check that I only complete for the categories that total over 50000 Euros. For example the total of my bank accounts abroad are above this limit so I include them in the bank account category of the form. I also own a small number of shares (my only investment abroad) worth only around 700 Euros. As this is below the 50k limit for this category I am not planning on including them. Is this correct?
Thanks
Andy
Yes is correct.
You only declare all assets within a category if the total valuation of this category is over 50.000€
I am the beneficiary of a trust in the USA my mother has created – 50% of it. My mother is still alive, I receive no income from it. It is an inheritance. Does this need to be declared in Modelo 720? I am not sure if I became a beneficiary before or after I became a Spain tax resident. Thank you.
Depends.
Revocable or Irrevocable?
and if you are settlor, beneficiary, or beneficiary in case of death
Javier, my name is Jim from the US my wife and I forgot to file our modelo 720 this year. While trying to understand what to do next I realized that my accountant has been declaring our 401k’s and IRA’s on our 720 and that this is possibly incorrect. The only reason to file again this year is gains related to those accounts. After reading your blog I thought you might have an opinion on how we should proceed. Do we file late including the information on our retirement accounts? Or do we not file and stop reporting on these accounts? thank you in advance jim
Keep doing so. In my understanding IRA in Spain is has not the treatment that has in USA, so treating it in Spain as an standard brokerage account will save you a lot of taxes by the time you start collecting money from IRA
Im confused in Planes de pensiones y declaración de bienes en el extranjero you said Los planes 401(K), de Estados Unidos sí son planes de pensiones: NO hay que declararlos. Así como tampoco, los “deductible IRA (Individual Retirement Account).
This is not black and white.
There is also a new Convention between USA and Spain that started to work in November 2019.
Hola,
Thanks a lot for your reply, but unfortunately I’m still not certain how best to do this…perhaps I’m worrying too much.
I’m concerned that Hacienda will expect to see lots of separate entries in casilla 27 to match with the seven accounts I declared in the 720. If so, this might confuse them as there would be more entries than accounts declared on the 720 because I also had interest from two foreign accounts that I closed during the year (which were not declared on the 720).
Alternatively, would it be possible simply to add up all the foreign account interest and enter it as one single”capital mobiliario”?
Many thanks
Jeff
Jeff, dont worry, Hacienda cannot expect to see lots of entries in Box 27, as this box do not allows for separate entries, you can add all directely
Good morning,
I have completed form 720 for the first time for 2019 fiscal year as I had savings worth more than 50k from foreign savings accounts. I am now completing the interest on modelo 100 and I want to be sure that Hacienda can recognize that the information on modelos 100 and 720 are consistent. I understand that in Box 27 of modelo 100 all my Spanish and foreign interest is added together (the foreign interest was not taxed or liable to tax abroad). But when you go to enter the details there is a facility for multiple entries, “alta capital mobiliario”. There is no explanation here- should each entry here be a different bank account or different financial institution or maybe something else?
Hoping you are able to advise on this. Many thanks. Jeff
Hello Jeff,
you can add a new rendimiento, for your internal reference, even box 0027 will display total figure. Tax office computer will find that you declared more money than what they know.
Dont worry it is right how you are doing.
Hi Javier,
Is a holding of Bitcoin regarded by the Agencia Tributaria as an overseas or an onshore investment? As you know, Bitcoin exists in cyberspace and does not have a physical location.
Best regards
Peter Kendal
in 720 form, you report accounts, stoks, investment funds, insurance, real estate.
But you do not report: picasso´s, helicopters, cars, gold, diamonds, bank notes, derivaties, or bitcoins…
Hello Javier,
We declared all accounts and funds in 2018, but now have opened many new accounts to disperse and split up the money in the previously declared joint accounts. Also, in April 2019 we sold a fund that was jointly held and split that money into the new accounts. I have two questions;
1. If any joint accounts were not closed and are still in both names, but are now holding the money of only one account holder, do both parties have to enter a 720? One showing 100% and the other showing 0%?
2. Since the joint fund was liquidated and the monies removed, does each party still need to submit a 720 showing the amount and date when the fund was sold?
Just to say that your website has been very helpful on how to deal with the Modelo 720. Many Thanks for that.
Hoping to hear back before the deadline,
Very Best Regards,
Frank
Thank you for this helpful post! I have a question in case you are able to help me at this difficult time.
I have a single property outside of Spain and have previously filed a modelo 720 for it. According to information from my home council body, the value of the property has increased from what I paid for it in 2013. However, this is just the recommended value and I still own the property and do not intend to sell it.
When I look at all the information for the modelo 720, it is interested in the acquisition price for the property, and only the acquisition price. That has not changed. My assumption is that I do not need to file another modelo 720. Is that correct?
Valuation for 720, is acquisition price. As long as you dont sell it, or buy another one, you do not need to fill again 720 form.
Thank you very much for confirming. Sending my best wishes for you and your loved ones.
Good afternoon:
I submitted the modelo 720 last year,I have to summit it again this year because some change on my bank account. I have Copy of last year’s filing, so I think I will summit it myself this time, I will be really appreciate if you can teach me:
- What number or information do I need to put in the form, so they will know it’s me fill the form again, and make all the changes.
- Do I need sent the scan copy of the bank statement, or only need fill in the amount of the money in the form.
-I heard I will require a digital signature, is it a special kind of the signature for spanish tax purposes? how do I get that?
Many thanks
Claire
personal information required is just full name and tax number (DNI or NIF)
also be sure you fill for year 2019
you don´t need to attach any document but you can if you want.
for filling requires identify with you digital certificate, but if you don´t have it already will be imposible to obtain it now due to corona-virus situation.
All tax advisers we have special digital certificate that can be used to fill in the name of clients. For this year for sure you will need service of a tax adviser for this.
Thankyou for your excellent blog.
I have previously submitted Form 720. In category V I have 11 separate investments. Can you advise on two issues:-
1) One of my funds changed its name and ISIN in 2019 after a fund merger – do I have to report this on Form 720 by putting a closing date against the old fund name and create a new record under the new fund name?
2) All 11 investments have increased in value since I last submitted 720 – most by small amounts (between 500 – 2.000€) but one by over 20.000€. Do I need to update the values for ALL 11 investments or just the one that increased by over 20.000€ ?
Many thanks.
1.- dont present just for this change, next time you fill this form modify information in this invesment
2.- if total value of al assets you have by end of 2019 increased more than 20.000 over valuation of all assets you had last time you fill form 720, then you need to declare again ALL assets
Thank you.
In 2019 I sold a house (250k euros) which I bought in 1978 (70k euros) .
For my 720 I understand that my “gastos” can be added when reporting the acquisition value, but I am not sure whether my “gastos” can be subtracted when reporting the transmission value.
Since gastos are taken into account when calculating the capital gain for my IRPF it seems logical that my 720 should indicate the same.
Please can you confirm?
yes,
as acquisition tax value is price paid PLUS expenses
selling tax value is selling price MINUS expenses.
Hello Javier,
In my 2018 declaration I reported a holding of 100 shares in Company X. In April 2019 I acquired a further 20 shares through dividend reinvestment. Then in November 2019 I sold all 120 shares. Could you please clarify how I should declare this in the Modelo 720 for 2019.
Many thanks,
Alan
As 20 was not previously declared. Now you need to declare that you sold what you previously declared, this is 100