(Updated as of March 2022)
No obligation to inform if there has never been an obligation
Example 1: "A resident individual has a bank account opened abroad on which an obligation to declare has never existed according to article 42 bis of the General Regulation approved by RD 1065/2007. If this person cancels the account during the financial year, must he or she present an informative return for said account?
Example 2: "a bank account opened abroad is identified and registered in the accounting of an organisation. If the organisation cancels the account during the financial year, must it submit an informative return for said account?"
No, the company does not need to submit an informative return for the bank account when its ownership over said account ceases if it has never had an obligation to declare an informative return for said account. This exemption is extended also to authorised representatives or any other real owner of this bank account.
There is no obligation to report on entitlements that are canceled before December 31, 2012.
Example 1: A resident person/entity was the owner of an account abroad that was canceled on August 1, 2012 with a balance of €100,000. Is there an obligation to report this account?
Answer: No, you have no obligation to report since as of December 31, 2012 there is no obligation to report on it.
Example 2: A resident person/entity was the owner of shares of a company abroad that sold on December 30, 2012 for €200,000, on this same date it acquired shares of another foreign company for an amount of €150,000. Is there an obligation to report on this values?
Answer: As there has never been an obligation to report on assets and rights located abroad due to this obligation, you will only have to report on the positions as of December 31, 2012 if they determine the obligation to declare. In this case there is no obligation to report the cancellation or sale of the shares dated December 30, 2012.