News in
English
 
Asfemp 09:00 - 17:00 Abierto al público
10:00 - 15:30 Atención telefónica
-- contáctenos --
(+34) 966 80 26 69 
   
 
Asfemp Asesoria fiscal Benidorm   Acceso Clientes.   Olvidé mi contraseña
eMail: Contraseña:


 
 RESIDENTS: OVERSEAS ASSETS STATMENT. FORM 720. 2021
DECLARATION OF ASSETS OUTSIDE SPAIN

WHAT IS THE FORM 720?

 

This annual informative statement informs the Spanish tax authorities of residents’ overseas assets to a value of 50000€ or more. 

The 2021 annual declaration is now due for presentation and is applicable to all residents, both individuals or resident companies of Spain. This would include property, bank accounts, deposits, shares, stocks, cryptocurrency investments, pension funds, life insurance policies, trusts, investment portfolios etc.

Spain is one of the member countries of the OECD (Organisation for Economic Co-operation and Development) and consequently exchanges tax information with other member countries on an annual basis. The Spanish tax authorities can be informed by other member countries of your interests outside Spain.

In view of this, it is most important that you check to see if you are due to present this annual statement; moreover ensure that the correct information is submitted as it can be easily contrasted.  Should this be your first year, it is vital that all information provided is precise as it could be a potential tax liability in the future.

 

WHO HAS TO DECLARE?

 

This declaration is mandatory to all residents with interest in overseas assets worth 50000€ or more. This can be in the form of total or partial ownership, beneficiary, or simply as an authorised person or signatory.

Presentation for the 2021 statement is applicable to:

NEW RESIDENTS who became residents in Spain in 2021.

CHANGE OF CIRCUMSTANCES for residents who have declared in previous years or residents who has acquired overseas' assets for the first time in 2021 to a value 50000€ or more.

Residents only need to submit a new declaration in successive years if there has been a change in ownership of assets already declared, new assets to be included or if the assets declared in previous declarations have increased in value by more than 20000€ on 31st December 2021 or on average over the last 3 months of the year.  Likewise, you are also obligated to inform of any accounts closed, relinquished, or assets sold.

This is applicable to owner, joint owner, authorised signatory, representative, recipient, settler of a trust, proxy holder or beneficiary of an asset or assets.

FLUCTUATING EXCHANGE RATES Although there may be no change in the number of assets, the exchange rate can also force you to submit a declaration should the value converted into euros at 31.12.21 result in an increase of 20000€ or more in comparison to what was declared in the last statement.

 

WHAT MUST BE DECLARED?

 

The statement consists of THREE separate, independent groups meaning that if only one section is applicable to you, you do not have to submit information on the other two groups if the value of each does not exceed 50000€. E.g. Property valued at 80000€, 50% owner. Bank accounts totalling 25000€: Only need to declare the property (Group 3)

 

Information needed:

 

Group 1: Bank accounts: Balance at 31.12.21 and average balance that covers October, November, and December of 2021 in banks overseas. This includes Spanish banks established abroad. Bank details required:

Full address, account number including BIC/Swift code, date of when the account was opened/closed. Type of account: savings, current, deposit etc.

In the event of other currencies, the exchange rate at 31st December will be used to convert to the euro equivalent.

 

Group 2: Investments: Stock, Shares, securities, rights in overseas entities, including trusts, collective investment funds (portfolios), investment bonds, overseas private pension funds, cryptocurrency trading, life and disability insurance schemes held with overseas insurance companies.

Share value/ liquidating value of unit/ capital/recovery value on 31st December.

Again, in the event of other currencies, the exchange rate on 31st December or sale/extinction date will be used to convert into the euro equivalent.

 

Group 3: Immovable assets. This refers to outright ownership, partially or totally of property, timeshare rights, and rights of use.

Details required: Address, purchase date and price and percentage of ownership. This would also apply to donations or inheritance of assset(s).

The declaration is also obligatory if the asset(s) was/were sold in 2021. In this case the date of the sale or extinction of ownership would be declared.

 

WHEN’S THE LAST DAY FOR PRESENTATION?

l

31st MARCH 2022.

 

WHAT ARE THE CONSEQUENCES FOR LATE OR NON-PRESENTATION OF THE STATEMENT?

 

The start of 2022 saw the European Court of Justice declare the fines imposed by the Spanish tax office for non or late presentation of the form 720, disproportionate and contrary to EU law.  This will be huge sigh of relief for the many expats that had missed the deadline in past years or had not supplied all relevant information.

Up until now fines were excessive establishing a minimum fine of 1500€. Moreover, these fines increased substantially when failing to file the return and the tax office having informed you of your obligation to do so: Sanctions of 150% of the tax calculated on unrealised capital gain as income could have been the consequence.

In light of the recent EU judgement the Spanish government will have to adapt the fines to EU requirements. It is expected that these will be announced before the presentation deadline for 2021’s statement.

Erroneous, incomplete, or false information are also subject to fines.

 

HOW MUST THE FORM BE SUBMITTED?

The form can only be presented electronically either by the client with the corresponding electronic/digital certificate, temporary authorisation, or an authorised accountant.

 

The form is purely informative and does not necessarily imply taxation, however it must be considered in your personal income and/or estate tax returns, if applicable, due in May.

 

CONTACT US

Undoubtedly there are personal and specific circumstances which may exonerate you from presentation or on the contrary may obligate you to submit, so it is most important that you consult your situation.

Any queries that you may have concerning this matter or you wish to process your statement, please contact us:

ASFEMP SL

Edf Levante 3rd floor door A-B

Av Martinez Alejos Nº4

03501 Benidorm

Telef: 96.6802669

Fax: 96.6804637

Email: asfemp@reaf.economistas.org

liz.asfemp@gmail.com

sarahasfemp@gmail.com

raquel.asfemp@gmail.com

mariloasfemp@gmail.com

 



Omitir vínculos de navegación
Aviso Legal
Política de privacidad
Política de Cookies
Informacion básica y adicional en proteción de datos
ASFEMP S.L
Asesores de Empresas
  Copyright © ASFEMP, S.L. http://www.asfemp.com 2020. Alicante. ALL RIGHTS RESERVED.
       
    Diseñado por GCI-Informática
Este sitio web utiliza cookies de terceros para recopilar información estadística sobre su hábitos de navegación y poder así mejorar su experiencia ofreciéndole contenidos de su interés. Si sigue navegando, consideramos que acepta su instalación y uso. Puede cambiar la configuración u obtener más información en: Política de Cookies