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V1780-15 8 June 2015 · SG de Tributos Criterion in force
OTRO · titularidad formal

Formal and real ownership of foreign shares to be declared

A Spanish resident asks which code to use to declare the ownership of a foreign company and a portfolio of securities. The tax authority responds that code 1 should be used for formal ownership of shares and code 8 for real ownership of underlying assets.

The question raised

Question raised 1st.- Should code 1 (legal owner) be used as the declarant, or should code 8 be used?

The DGT's ruling

Persons resident in Spain must submit an annual declaration regarding assets and rights abroad of which they are the legal or beneficial owners. In the case of shares in a company, formal ownership must be reported using code 1. For the underlying assets and rights, code 8 relating to other forms of beneficial ownership must be used.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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