April 1 is the deadline for filing the declarations, models 720 and 721, in which information is provided on assets and rights held abroad, as well as cryptocurrencies also located abroad.
Declaration of assets located abroad (Form 720)
April 1 is the deadline for filing the declaration model 720, which reports the assets held abroad.
Individuals’ resident in Spain, regardless of their nationality, as well as Spanish companies and entities and permanent establishments of foreign entities are obliged to file.
What must be declared?
- Bank accounts: whether they are holders, beneficiaries, or even simple authorized persons.
- Shares, participations or any securities, assets and securities. And, likewise, life or disability insurance and life or temporary annuities.
- Real estate and rights over real estate.
There is only an obligation to report when the joint value of the assets and rights of any of these three categories is greater than €50,000, even if they are shared, or, when having already declared in a previous year, there is an increase of more than €20,000 or the transfer of any asset or the closing of any account.
Those who have already filed it in previous years are only obliged to file it this year if there has been an increase of more than 20,000 euros in any of the 3 categories: accounts, securities/insurance, or real estate. But it is also necessary to re-file if accounts have been closed or exited or if the ownership of any of the patrimonial elements has been lost, as in the case of the sale of a real estate.
The EU Court of Justice found the penalty regime associated with this declaration to be disproportionate. The penalties will therefore be reduced, but the obligation to declare will be maintained.
Information return on virtual currencies held abroad (Form 721)
April 1 is the deadline for filing Form 721, which provides information on cryptocurrencies held abroad.
Individuals’ resident in Spain, regardless of their nationality, as well as Spanish companies and entities and permanent establishments of foreign entities are obliged to file.
Virtual currencies abroad of which they are holders, or in respect of which they have the status of beneficiaries, authorized, or otherwise hold power of disposal, or of which they are actual holders, held by persons or entities that provide services to safeguard private cryptographic keys on behalf of third parties, to maintain, store and transfer virtual currencies, must be declared.
They must be declared each year for their value as of December 31. But those that have been transmitted during the year in question must also be declared, for their value as of the date of transmission.
There is only an obligation to report when the combined value of the cryptocurrencies located abroad exceeds €50,000.
The filing of the return in the following years will only be mandatory when the combined balance on December 31 of the virtual currencies abroad, valued in euros, had experienced an increase of more than 20,000 euros with respect to the one that determined the filing of the last return. However, in any case, it will be compulsory to file the declaration with respect to the virtual currencies for which the condition of being obliged to declare has been extinguished before December 31.
For further information, please contact your tax advisor.
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