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A person who was a resident in Spain until 2015 and became a non-resident in 2016 asks whether they must file the informative tax return on assets held abroad for that year. The DGT responds that the obligation depends on one's status as a tax resident in Spain.
Question raised: Must the Informative Declaration on Assets and Rights Abroad corresponding to the 2016 fiscal year be filed?
La obligación de presentar la declaración informativa sobre cuentas en el extranjero se extiende a quienes hayan sido titulares o beneficiarios en cualquier momento del año, pero el sujeto debe ser residente en territorio español según el RGAT. Si a 31 de diciembre de 2016 la persona no es residente fiscal en España, no nace la obligación de presentar dicha declaración. La residencia fiscal se determina por la permanencia más de 183 días, el centro de intereses económicos o la residencia de la familia.
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