Form D-6 Spain, what it is and who must file it

The Treasury strictly monitors all investments to detect and discourage tax evasion. In some cases, informative declarations must be submitted. These do not imply the payment of taxes, but if they are not supplied, a sanction could be imposed. In the case of accounts or investments abroad, there are two declarations that you must submit: Form 720 Spain and Form D-6. In this post, we are going to focus on the second one.

What is Form D-6 Spain?

Form D-6 Spain is a mandatory annual declaration made by holders of Spanish investments in negotiable securities abroad. The declaration is managed by the Ministry of Economy and refers to those people who own shares with banks or brokers outside of Spain.

In addition to deposits, operations (flows) must be declared. A statement of flows must be submitted for each investment or liquidation made in non-resident companies in which the investor has a minimum 10% equity interest or is part of the management body, or when the investment exceeds €1,502,530.26.

Information on deposits and flows should not be presented in the same document.

Who must file Form D-6 Spain?

Form D-6 Spain must be submitted by anyone who has negotiable securities (regardless of the amount) as shares or investment funds, managed by a foreign entity, as of December 31 of each year.

When is Form D-6 Spain filed?

In the case of deposits, the submission deadline is January 31 of each year and will refer to deposits made abroad before December 31 of the previous year.

In the case of the statement of flows, it must be submitted within a month of the operation.

How is Form D-6 Spain submitted?

Form D-6 Spain is filed electronically and a programme called AFORIX must be used, which can be found at the electronic headquarters of the Secretary of State for Trade. You can find and download the programme from the ‘Download help programmes’ section.

If the owner of the investment is a natural person, he can use the AFORIX Program Forms and the preprinted ones that can be found in the General Registry of the Ministry of Commerce and Competitiveness.

Along with the Form, taxpayers must submit:

• Photocopy of their DNI or residence card, along with the first investment declared.
• Photocopy of statements from the securities’ account abroad, with all statements.

How is Form D-6 Spain filled in?

The instructions for completing Form D-6 Spain are as follows:

• In the heading, it is necessary to mark with a cross the type of declaration: of deposits (in this case it will be necessary to qualify the reference year) or of operations or flows.
• In the case of a declaration that rectifies a previous one, the Form must also be completed in its entirety, indicating the number of the declaration, which it is replaced.
• Next, the investor’s information must be filled in: first name and surname or company name in the case of a company, NIF or NIE, street, number, postal code, municipality and province.
• The next step is to fill in the details of the securities deposited abroad or of the operations that have been carried out. In the event that there are more than three operations or deposits, the necessary sheets must be added. The key points for this section are as follows:
  • Flow statements must indicate whether it is a purchase or a sale.
  • In the case of flows, the date of the operation must be included..
  • If the investor has a share in the foreign company that is equal to or greater than 10%, it must be indicated that it is higher and the specific percentage owned.
• In addition, the ISIN code must be included, which is an international number by which transferable securities are identified.
• The name of the value.
• You must include the country where the operation is carried out, in the case of flows, or where the deposits or securities account are kept.
• The currency with which the value is denominated must also be included.
• Fill in the number of titles or shares and the nominal value of the deposit.
• Finally, record the amount of the purchase or sale operation, or the amount in the deposit as of December 31.
• In the Proceedings section, include the first name and surname of the investor or the company name, address, DNI of the investor or his representative, the place, the date and the signature. In addition, supply the contact details (address, telephone and email) of the person who should receive the notifications.

Can I be fined for not filing Form D-6 Spain?

It may happen that, due to an involuntary error or ignorance, you do not submit Form D-6 Spain or you do it after the deadline. In these cases, a sanction could be imposed, which will depend on whether you make the declaration voluntarily or are required to do so by the Tax Agency.

• If Form D-6 Spain is not submitted, it is considered a minor administrative offence, which is sanctioned with 25% of the undeclared amount, with a minimum of € 3,000.
• If the Form D-6 Spain is presented after the deadline, the penalty may be between € 150 and € 300, if it is presented within the first six months, and between € 300 and € 600 if it is done afterwards.

In the event that data is concealed, the violation could be considered serious or very serious and could increase the amount of the penalty.