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A married taxpayer in a community property regime asks whether both spouses must submit form 720 for foreign deposits. The DGT responds that each spouse is individually obliged to submit the form if their own balances exceed the legal limits.
Question raised: Obligation to submit the informative declaration on assets and rights located abroad.
Under the community property regime, each spouse must submit an individualised informative declaration. For accounts of which they are the formal holder, they shall declare 100% ownership, and for those of which they are the beneficial owner, 50%. The obligation to submit Form 720 arises if the sum of the balances of the accounts in which each person is a holder (formal or beneficial), without pro-rating, exceeds the quantitative limits established in the RGAT.
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