FAQs
(Updated to April 2024)
Frequency in the presentation of the tax return
Once Form 720 has been filed with regard to one or more of the disclosure obligations in it (referred to in question no. 1), this Form should only be filed again when, in relation to one or more of these obligations, there is an increase of the overall limit established for each information block above 20,000 euros compared with what the last declaration determined.
Example:
Form 720 is filed during fiscal year 2013, with respect to the information of fiscal year 2012. This information statement reported bank accounts in financial institutions located abroad and real estate abroad with the following balances and values:
Balance of the last quarter 2012 |
Balance at 31/12/2012 |
|
Account nº 1 |
40,000 |
45,000 |
Account nº 2 |
15,000 |
12,000 |
TOTAL OF THE BALANCES |
55,000 |
57,000 |
Cost price |
||
Property nº 1 |
50,000 |
|
Property nº 2 |
20,000 |
|
TOTAL value |
70,000 |
The obligation to file the Informative Tax Return, Form 720, shall return in successive periods whenever an increase occurs in the overall limit established for each information block above 20,000 euros compared with what the last declaration determined.
Fiscal year 2013:
If in the 2013 financial year the values of the properties do not change substantially (and there is no other reason for their declaration, such as their transfer), the combined balance of all the accounts in the last quarter increases by €15,000 and the combined balance of all the accounts at 31 December increases by €18,000, so that the total balances are as follows:
Fiscal year 2013 |
||
Balance of last quarter 2013 |
Balance at 31/12/2013 |
|
Account nº 1 |
20,000 |
18,000 |
Account nº 2 |
40,000 |
23,000 |
Account nº 3 |
10,000 |
34,000 |
TOTAL OF THE BALANCES |
70,000 |
75,000 |
The increases experienced in the overall balances of the accounts have been as follows:
Increase of the overall balance in the last quarter |
Increase of the overall balance as at 31 December |
|
Increase versus fiscal year 2012 |
15,000 |
18,000 |
In fiscal year 2013 there will no obligation to file Form 720, with regard to the obligation to disclose properties abroad (Article 54 bis of the General Regulation approved by Royal Decree 1065/2007, of 27 July). There is also no obligation to submit form 720 with respect to the obligation to provide information on accounts in financial institutions located abroad (Article 42 bis of the General Regulations approved by RD 1065/2007, dated 27 July) since the total balance in the last quarter and the total balance as of 31 December have not increased by more than €20,000 compared to the amounts that determined the obligation to declare in the last fiscal year of its submission, in this case the previous year (provided that there is no other reason that requires its submission, such as the transfer or, where appropriate, cancellation of any of them).
Exercise 2014 :
If in fiscal year 2014 the overall balance of all accounts in the last quarter increases by €2,000 and the overall balance of all accounts as at 31 December increases by €10,000. The increases of balances for each year and in total are as follows:
Increase of the overall balance in the last quarter |
Increase of the overall balance as at 31 December |
|
Increase versus fiscal year 2012 |
15,000 |
18,000 |
Increase versus fiscal year 2013 |
2,000 |
10,000 |
Increase versus the last fiscal year in which a declaration was filed due to this information disclosure obligation (Article 42 bis of the General Regulation approved by Royal Decree 1065/2007) |
17,000 |
28,000 |
The increase that must be taken into consideration is the increase experienced in the overall balance of the last quarter and of the overall balance as at 31 December compared with the balances identified by the obligation to declare accounts in financial institutions located abroad (Article 42 bis of the General Regulation approved by Royal Decree 1065/2007, of 27 July) in the last fiscal year in which it was filed.
In this case, the increase of the overall balance as at 31 December 2014 compared with the overall balance as at 31 December of the last fiscal year in which a declaration, Form 720, was filed due to this information disclosure obligation, has been above €20,000, so in fical year 2014 an Informative Tax Return, Form 720, shall be filed due to the obligation to disclose information on all accounts in financial institutions located abroad.
Regulations: The regulation of the “frequency” in the presentation of the informative declaration regarding each of the obligations is found
- in Section 5 of Article 42.bis of the General Regulations passed by Royal Decree 1065/2007 of 27 July for accounts in financial institutions located abroad;
- in Section 5 of Article 42.3 of the General Regulations approved by Royal Decree 1065/2007 of 27 July for securities, rights, insurance and incomes deposited, managed or obtained abroad;
- in Section 7 of Article 54.bis of the General Regulations passed by Royal Decree 1065/2007 of 27 July for property and rights on property located abroad.