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V0092-14 16 January 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · régimen especial de trabajadores desplazados

No obligation to submit Form 720 under displaced workers special regime

The DGT confirms that individuals under the special regime for displaced workers (Art. 93 LIRPF) are not required to submit the foreign assets declaration as they are not subject to tax on the integrity of their income.

The question raised

Whether said person is required to file in 2014 the informative return on assets and rights located abroad regarding the 2013 fiscal year.

The DGT's ruling

The obligation to file the informative return on assets and rights located abroad falls upon tax residents who are taxed on their worldwide income. Upon applying the special regime under Article 93 of the Personal Income Tax Law (LIRPF), the taxpayer is only taxed on income obtained within Spanish territory. Therefore, as they are not taxed on their worldwide income, they are not required to file said return. Notwithstanding, the spouse and children of the displaced worker shall be required to file if they are tax residents in Spain.

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