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V0640-14 10 March 2014 · SG de Tributos Criterion in force
OTRO · cesión de capitales propios

Declaration required for transfer of own capital to foreign state treasury

The consultant asks whether a declaration is needed when transferring own capital to the public treasury of a EU member state. The DGT responds that if the transfer takes the form of representative securities, a declaration of foreign assets must be submitted, unless legally exempted.

The question raised

Should this transfer of equity to third parties be taken into account for the declaration of assets and rights located abroad?

The DGT's ruling

The transfer of equity to third parties must be reported via an annual declaration if it is materialized in any representative security thereof in the Treasury of a foreign State. This reporting obligation applies provided that the exempting causes provided for in the regulations do not occur, such as the total value of the assets not exceeding 50,000 euros.

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