Frequently asked questions about the informative declaration of cross-border payments (02/06/2024)
Skip information indexContents of the information declaration on cross-border payments
In the informative declaration on cross-border payments, form 379, payments that have the status of cross-border are declared, when in a quarter a payment service provider has provided more than 25 cross-border payment services to the same beneficiary.
A payment is cross-border for the purposes of the reporting obligation in the following cases:
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When the payer is established in a member state and the beneficiary is established in another member state.
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When the payer is established in a Member State and the beneficiary is established in a third territory.
A payment whose payer is located in a third territory, even if the beneficiary is located in a Member State, is not considered a cross-border payment for the purposes of this information obligation, and therefore must not be declared in form 379.
The location of the ordering party will be considered to be in the corresponding country (article 166d LIVA):
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To the IBAN number of the payer's payment account or to any other means of identification that allows unequivocal identification and providing the location of the payer. in the absence of said means of identification;
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In the absence of the identification means of the previous point, the BIC code or any other identifying code of the entity that unequivocally identifies and provides the location of the payment service provider acting on behalf of the payer.
The location of the beneficiary will be considered to be in the corresponding country (article 166d LIVA)::
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To the IBAN number of the beneficiary's payment account or to any other identification means that allows unequivocal identification and providing the location of the beneficiary, or in the absence of such identification means;
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In the absence of the identification means of the previous point, to the BIC code or any other identifying code of the entity that unequivocally identifies and provides the location of the payment service provider acting on behalf of the beneficiary.
No. Payments made by payers located in the Canary Islands, Ceuta and Melilla must not be declared in form 379.
No, since they must be considered national payments.
No.
If both the payer and the beneficiary are considered to be outside the EU, the payment is excluded from the declaration obligation.
Yes. All payments must be declared, not just those that exceed the threshold.
The Payment Services Directive defines payment account as an account held in the name of one or more payment service users, which is used for the execution of payment transactions. (see faq 3.7).
As long as an account is used for that purpose, payments to or from that account are within the scope of the cross-border payments disclosure statement, regardless of the name of that account or whether that account is also used for other purposes. The name of an account is not relevant as such.
If according to the rules applied for the location of payer (see FAQ 5.3) and beneficiary (see FAQ 5.4), the payment is considered to be cross-border and the beneficiary receives more than 25 cross-border payments in the quarter, then it must be declared in the model 379.
The legal form or status or condition of the originators and beneficiaries do not affect the obligation to declare.
Therefore, payments made to people who do not have the status of businessman or professional must be declared if all the conditions defined in article 166 quater of the LIVA are met.
Payment intermediaries, such as collection payment service providers, are intermediaries between the merchant and the payer's payment service providers (which may be banks or credit card issuers or others).
The payers' payment service provider transfers payments to the intermediary payment service provider's account and the intermediary payment service provider subsequently transfers the funds to the merchant's account in a single settlement.
When the intermediary has the authorization to operate as a payment service provider, it may act as a payment service provider of the payer or beneficiary and will communicate payments when the conditions established in article 166 quater of the LIVA are met.
Yes, as long as payers are located in a Member State and the beneficiary receives more than 25 cross-border payments in a given calendar quarter, all cross-border payments will fall within the scope of the threshold calculation and reporting obligation.
Payments executed by a payer in a Member State and a beneficiary in the same Member State (national payments) do not fall within the scope of reporting.