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This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
Quick Answer
Modelo 720 is Spain’s mandatory declaration of overseas assets for tax residents. You must file if you hold foreign assets worth over 50,000 EUR in any of three categories: bank accounts, securities/investments, or real estate. The filing deadline is 1 January to 31 March each year. Since the 2022 Court of Justice of the EU ruling (Case C-788/19), disproportionate penalties have been struck down, but the filing obligation remains.
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What Is Modelo 720?
Modelo 720 (Declaración sobre bienes y derechos situados en el extranjero) is an informative tax declaration required by the Spanish Tax Agency (Agencia Tributaria). It obliges all Spanish tax residents — both individuals and companies — to report assets held outside Spain that exceed specific thresholds.
Introduced in 2012 by Ley 7/2012, Modelo 720 was originally accompanied by extremely harsh penalties. In January 2022, the European Court of Justice ruled that Spain’s penalty regime was disproportionate and contrary to EU law (Case C-788/19). Spain subsequently reformed the penalties in March 2022 (Ley 5/2022), but the filing obligation itself remains mandatory.
Who Must File Modelo 720?
You must file if you meet ALL of the following conditions:
- You are a Spanish tax resident (spending 183+ days per year in Spain, or having your main centre of economic interests in Spain).
- You hold assets outside Spain that exceed 50,000 EUR in any one of the three asset categories (see below).
Who is exempt?
- Non-residents of Spain (including non-resident property owners)
- Tax residents whose overseas assets in ALL three categories are below 50,000 EUR each
- Assets already reported in a previous Modelo 720, unless the value has increased by more than 20,000 EUR in any category
The Three Categories of Assets
Each category is assessed independently at the 50,000 EUR threshold:
Category 1: Bank Accounts and Deposits
All accounts held at foreign financial institutions where you are the holder, authorised signatory, beneficial owner, or have disposal powers. This includes:
- Current and savings accounts
- Fixed-term deposits
- Accounts in fintech platforms (Revolut, Wise, N26 — if the institution is based outside Spain)
- Joint accounts (you report your proportional share)
Report: The balance at 31 December AND the average balance for Q4 (October-December).
Category 2: Securities, Rights, Insurance, and Income
Financial investments held with foreign institutions:
- Shares and stocks in foreign companies
- Investment funds and ETFs held in foreign accounts
- Bonds and fixed-income securities
- Life insurance policies with foreign insurers
- Pension funds held abroad (UK pensions, US 401k/IRA)
- Cryptocurrency held on foreign exchanges (now reported separately via Modelo 721)
Report: Value at 31 December.
Category 3: Real Estate and Property Rights
Property owned outside Spain:
- Residential and commercial property
- Land
- Timeshares and property rights (usufruct, etc.)
Report: Acquisition value (purchase price plus costs).
How to File Modelo 720 — Step by Step
Step 1: Determine If You Need to File
Review each of the three categories independently. If any single category exceeds 50,000 EUR as at 31 December, you must file for that category. You do not need to report categories that are below the threshold.
Step 2: Gather Documentation
For each reportable asset, you will need:
- Account/investment/property identification (account numbers, IBAN, property address)
- Country where the asset is located
- Institution name and identification
- Value at 31 December (and Q4 average for bank accounts)
- Date of acquisition
- Your percentage of ownership
Step 3: File Online via AEAT
Modelo 720 is filed electronically through the Spanish Tax Agency’s online platform (Sede Electrónica de la AEAT). You need:
- A digital certificate (certificado digital) or Cl@ve PIN
- Access to the AEAT online portal
Most expats file through their tax adviser or gestoría, which is strongly recommended given the complexity.
Step 4: Submit Before 31 March
The filing window is 1 January to 31 March each year, reporting on assets held at the previous 31 December.
Penalties (Post-2022 Reform)
Following the ECJ ruling in 2022, Spain reformed the penalty regime:
| Infringement | Penalty (Current) | Previous Penalty (Pre-2022) |
|---|---|---|
| Late filing | Standard late filing surcharges (1%–15% + interest) | Up to 150% of the undeclared amount |
| Incomplete/incorrect information | General Tax Law penalties apply | 5,000 EUR per data item (min. 10,000 EUR) |
| Failure to file | General Tax Law penalties (proportionate) | Undeclared amounts treated as unjustified capital gain; 150% penalty; no statute of limitations |
| Voluntary regularisation | Reduced surcharges + interest only | Full penalties applied regardless |
Key change: The old regime’s most punitive feature — treating undeclared assets as unjustified capital gains with no statute of limitations — has been eliminated. Standard limitation periods now apply (4 years). However, the obligation to file remains, and penalties, while more proportionate, still exist.
Common Mistakes
- Forgetting UK pensions: SIPP, final salary schemes, and UK state pension entitlements may need to be reported under Category 2. Seek specific advice on pension reporting.
- Ignoring fintech accounts: Revolut (Lithuania), Wise (Belgium/UK), N26 (Germany) — if the institution is registered outside Spain, the balance counts toward Category 1.
- Not filing a subsequent declaration: You must file again if any category’s value increases by more than 20,000 EUR compared to the last filed declaration.
- Mixing up acquisition value and market value: Property (Category 3) is reported at acquisition value, not current market value. Securities (Category 2) use market value at 31 December.
- Joint account errors: For joint accounts, report only your proportional share, not the full balance. However, if you are an authorised signatory (but not an owner), you still need to report the entire account.
- Missing the deadline: The 31 March deadline is absolute. There is no automatic extension. File early to avoid last-minute technical issues with the AEAT portal.
Modelo 720 vs Modelo 721 (Cryptocurrency)
Since the 2023 tax year (filed in early 2024), Spain introduced Modelo 721 specifically for cryptocurrency assets held abroad:
| Feature | Modelo 720 | Modelo 721 |
|---|---|---|
| Assets covered | Bank accounts, securities, property | Virtual currencies (crypto) |
| Threshold | 50,000 EUR per category | 50,000 EUR total crypto value |
| Filing deadline | 1 Jan – 31 March | 1 Jan – 31 March |
| Applies to | Spanish tax residents | Spanish tax residents |
| Penalty regime | Reformed (post-2022) | Standard General Tax Law |
Important: If your cryptocurrency is held on a Spanish exchange (e.g., Bit2Me), you do not need to report it on Modelo 721 — the exchange reports it. Only crypto held on foreign platforms (Binance, Coinbase, Kraken, etc.) must be declared.
Frequently Asked Questions
Do I need to file Modelo 720 every year?
Not necessarily. After your initial filing, you only need to file again if any category’s value has increased by more than 20,000 EUR compared to the last declaration, or if you have new assets to report. However, many advisers recommend filing annually to keep records current and avoid mistakes.
Do I need to report my UK pension on Modelo 720?
This depends on the type of pension. Defined contribution pensions (SIPPs, personal pensions) where you have an identifiable pot of money generally need to be reported under Category 2. The UK state pension does not need to be reported. Final salary (defined benefit) pensions are more complex — seek professional advice.
What happens if I have never filed Modelo 720?
You should file a voluntary regularisation as soon as possible. Since the 2022 reform, voluntary late filing incurs standard surcharges (much less severe than the previous regime). A tax adviser can help you prepare the declarations for prior years and calculate any surcharges. The 4-year statute of limitations now applies.
Is Modelo 720 a tax payment or just a declaration?
Modelo 720 is purely informative — no tax is paid when filing it. It simply declares the existence of overseas assets. However, the income from those assets (interest, dividends, rental income, capital gains) must be declared on your annual income tax return (IRPF) and tax paid accordingly.
Do I need to report a UK property I own on Modelo 720?
Yes, if the acquisition value of your UK property (purchase price plus costs) exceeds 50,000 EUR. This is reported under Category 3 using the acquisition value, not the current market value. If you own multiple foreign properties, their acquisition values are aggregated.
Can my Spanish tax adviser file Modelo 720 for me?
Yes, and this is strongly recommended. The form requires specific asset codes, institution identifiers, and valuation methods that are difficult to navigate without expertise. Your tax adviser or gestoría will need details of all your overseas assets to prepare the filing accurately.
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Disclaimer: This information is provided for general guidance purposes only and does not constitute personalised tax or legal advice. Each case must be assessed individually according to the client’s specific circumstances. It is essential to consult a qualified specialist before taking any action or making any decision.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
