Doctrine by topic · DGT Observatory

Extinction of Ownership: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 8 rulings · 2015–2026

Current position

The obligation to report assets held abroad extends to those who have been owners or beneficial owners at any time during the year and have lost such status before December 31. In the case of securities, the loss of ownership mandates reporting regardless of the amount. However, if ownership is extinguished due to the custody of virtual currencies in cold wallets where the user maintains control of the keys, or if the account is not extinguished following a change of IBAN, the obligation may not exist.

The DGT maintains a consistent position regarding the obligation to report due to the loss of ownership during the fiscal year, regardless of the amount. The evolution shows greater technical precision when addressing specific scenarios such as the reinvestment of securities, the change of IBAN, and the nature of custody in digital assets.

Turning points

  1. V1203-16

    Establishes that the loss of ownership, whether partial or total, must be reflected in the informative declaration by considering each participation or security individually.

  2. V5035-26

    Clarifies that being subject to the obligation does not depend on the IBAN but on contractual management, and that a change of IBAN does not imply reporting if the account is not extinguished.

  3. V5066-26

    Introduces the exclusion of the obligation for virtual currencies in cold wallets if the user maintains control of the cryptographic keys.

Analysis based on 7 of 8 rulings with a stated position. Updated 12 October 2026.

Rulings on this topic

6
V3551-20 14 Dec 2020

Declaration of foreign assets required upon loss of ownership

SG de Tributos
declaración informativabienes en el extranjerotitularidadextinción de titularidadrenta mundial LGT — Ley 58/2003 General Tributaria art. 88.1LGT — Ley 58/2003 General Tributaria art. 88.2
Affects CompanyExpat · Non-residentIndividual
V1355-16 31 Mar 2016

Ownership requirement for foreign shares depends on status as of 31 December

SG de Tributos
declaración informativatitularidadvalores en el extranjeroextinción de titularidadbienes y derechos RGAT — RD 1065/2007, Reglamento General de Actuaciones Tributarias art. 42 terLGT — Ley 58/2003 General Tributaria art. 89.1
Affects CompanyExpat · Non-residentIndividual

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