Form D6: presentation after the deadline

Do you have shares in foreign banks? If your answer is affirmative, you should know what Form D6 (declaration of investments abroad in marketable securities) is, when it must be presented and what happens if you present it after the deadline. We tell you all the details below.

What is Form D6?

It is a complementary form to Form 720 Spain (Declaration on assets and rights located abroad) that considers two cases:

• The bill of rights. If you have securities listed on the stock market deposited in foreign entities or you have shares in Spanish entities that are deposited in a foreign broker, you must make this statement, considering the situation as of December 31 of each year.
• The declaration of flows. You will have to present this declaration in the following cases:
  • When the investment or liquidation carried out in non-resident companies implies having 10% of the capital.
  • If the amount exceeds 1,502,503.26 euros, you will also have to make this declaration.
  • If you are part of the administrative body.

In this case, the statement must be submitted within 30 days after the transaction is carried out.

You must remember that the flow and deposit declarations should not be presented in the same model, but they have to be done separately.

How is Form D6 filled in and presented?

You can download Form D6 on the website of the Secretary of State for Commerce, and you must submit it electronically, unless you are a natural person, in which case you can use the available forms and file electronically or on paper.

Form D6 out of term: What happens?

Form D6 is a mandatory one, but it may happen that due to ignorance or due to a mistake or error, you do not present it or do it after the deadline.

In these cases, a penalty may be imposed, the amount of which will depend on factors such as whether you submit the return voluntarily or you have to be required to do so by Hacienda.

The non-presentation of the form is considered a minor administrative offence that can be sanctioned with 25% of the undeclared amount, with a minimum amount of 3,000 euros.

In the case of a presentation of Form D6 after the deadline, a penalty of between 150 and 300 euros may be imposed if the presentation is made within the first 6 months and between 300 and 600 if it is done later.

If there is an assumption of data concealment, for example, the classification of the infringement could be serious or very serious, and the sanction could be higher.