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V0213-22 9 February 2022 · SG de Tributos Criterion in force
OTRO · crowdlending

Disclosure of crowdlending investments depends on investment nature in Form 720

The consultant asks whether crowdlending platform investments must be declared in Form 720. The DGT responds that the obligation varies depending on whether the investment is structured through securities, participations or loans, and whether balances exceed established thresholds.

The question raised

Obligation to submit the informative declaration on assets and rights held abroad (Form 720).

The DGT's ruling

If the investment in crowdlending is carried out through securities or shares representing equity or the transfer of capital, it must be declared in Form 720 if the limit of 50,000 euros is exceeded. If the investment is structured through loans that are not represented by securities, it is not included in the obligation under Article 42 ter of the RGAT. Amounts on the platform that are neither invested in loans nor in securities are considered accounts and must be declared under Article 42 bis of the RGAT if balances exceed 50,000 euros.

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