FAQs
(Updated as of March 2022)
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. In this informative statement, bank accounts in financial institutions located abroad and real estate assets abroad were reported 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 2013 the values of the properties do not change substantially (and there is no other reason for their declaration, such as their transfer), the joint balance of all the accounts in the last quarter increases by €15,000 and the joint balance of all accounts on December 31 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 present form 720, regarding the obligation to provide information on accounts in financial entities located abroad (article 42 bis of the General Regulation approved by RD 1065/2007, of July 27) since the joint balance ( total) in the last quarter and the joint balance (total) as of December 31, none of them has increased by more than €20,000 with respect to the amounts that determined the obligation to declare in the last financial year of its presentation, in this case the previous year (provided that there is also no other cause that requires its presentation, such as, for example, the transmission or, where applicable, cancellation of any of them).
Fiscal year 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 with respect to 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.