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V0615-25 1 April 2025 · SG de Tributos Criterion in force
OTRO · declaración informativa

No obligation to report foreign property until ownership is acquired

A taxpayer asks whether they must submit a declaration on foreign assets following payments to a developer for a under-construction property. The DGT replies that, as ownership has not yet been acquired, there is no obligation to report.

The question raised

1-. Must the informative return on assets and rights located abroad be filed if the property has not yet been subject to delivery?

The DGT's ruling

The obligation to file the annual informative return on real estate or rights over real estate located abroad arises when the subject is the owner thereof. Given that the property is in the construction phase and its delivery is future, ownership of the asset has not been acquired. Therefore, the obligation to report does not arise until such ownership is acquired.

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