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V0995-21 20 April 2021 · SG de Tributos Criterion in force
OTRO · crowdlending

Foreign crowdlending investment declaration depends on whether represented by securities or held in bank accounts

The consultant asks whether they must file form 720 for foreign crowdlending investments. The DGT states that no obligation arises for loans not represented by securities, but there is an obligation for funds not invested in a omnibus account.

The question raised

Question raised: Obligation to submit Form 720.

The DGT's ruling

The transfer of own funds is only declared in Form 720 if it is instrumented through representative securities. If the participation in the platform loans is not represented by securities, there is no obligation to report such amounts. However, amounts in the foreign entity that are not invested in loans must be declared as foreign accounts, unless they do not exceed 50,000 euros.

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