Statistical and Informative Forms to be Filed Before the Spanish Authorities

As included in our summaries of obligations in Spain, in addition to the annual tax returns, we have some informative obligations.

Although the purpose of some of these returns is usually statistical, important penalties may arise in case of not fulfilment.

Informative Returns

For example, there are informative obligations for residents in Spain in relation to investments abroad, or for Spanish companies when the shareholders a foreigner or some foreign investments are made in Spain, or for holders of shares in foreign companies or branches.

D6 Form

One of the most problematic obligations is D6 model, which establishes the obligation to report investments abroad in tradable or listed shares, whatever their value is. Therefore, even investors with low amounts, could be obliged to file this informative model assuming the corresponding administrative burden.

Order ICT / 1408/2021, of December 14, has introduced a modification in article 47 of the regulations of this obligation and from now on it establishes that, in general terms, this obligation will only exist when the investor’s participation is equal or greater than 10 percent of the capital, or voting rights, of the company in which the investment is held.

In any case, we must not forget that we must always review other informative obligations that are still in force. The most common is the 720 model, but there are others such as:

1) ETE Form (Survey of Foreign Transactions)

It is an informative statement, the general term of which is between January 1 and 20 of the year following the reporting year (although this term may vary in certain circumstances and have a greater recurrence).

Individual and legal entities, residents in Spain, who carry out operations / transactions with non-residents or maintain assets and liabilities outside of Spain for a value greater than 1,000,000 euros may be required to submit this form.

2) Other Spanish investments abroad (Models Ds), which refer to:

– Investments in Tax Havens,

– Investments or divestments in unlisted entities, branches, etc.

– Investments in real estate and other investments worth more than EUR 1,500,000.

If you think you are in any of the above cases, do not hesitate to contact us at info@albeatax.com, to make these communications correctly.