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A query was raised regarding whether spouses married under the community property regime, where each spouse is the formal holder of foreign securities, are required to file a disclosure statement. The Directorate General of Taxes (DGT) ruled that both spouses are obligated to do so if the established thresholds are exceeded.
Cuestión planteada Presentación de la declaración informativa sobre bienes y derechos en el extranjero.
En el régimen de gananciales, cuando la titularidad formal corresponde a uno de los cónyuges, el otro debe presentar la declaración como titular real según la Ley de prevención del blanqueo de capitales. Por tanto, si los saldos superan los 50.000 euros, ambos cónyuges tienen la obligación de presentar la declaración informativa.
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