Who must file Form D6?

One of the main obligations of natural and legal persons residing in Spain is the presentation of taxes and informative returns. A lack of presentation, or a delay, can lead to penalties and surcharges. In this article, we want to talk about Form D6 (Declaration of investments abroad) so that you know what it is and who must present it.

What is Form D6, and who should submit it?

Form D6 is an informative statement that individuals or legal entities (companies) resident in Spain must first make the Registry of Spanish Investments abroad, regarding those investments in companies that are listed on a stock exchange or organized market and when the securities are deposited in an entity domiciled abroad or remain under the custody of the investment holder.

Therefore, the declaration is complementary to the filing of Form 720 Spain.

In general, two types of assumptions must be declared:

• Flows: A declaration must be made for each investment in non-resident companies representing 10% of the company’s capital stock or if the investment is greater than 1,502,530.26 euros. The deadline for submitting the declaration is one month from the date the operation is carried out.
• Deposits. All securities deposited abroad must be declared. In this case, there are no minimums. The return is presented in January of each year and refers to the investments held on December 31 of the previous year.

It is important to remember that the declarations of flows and deposits should not be presented in the same form.

How to fill in Form D6?

The first thing you will have to do is collect all the information to make the declaration:

• Data on the investments made, that is, extracts from the securities accounts.
• NIF of the holder.

To fill in the D6 form, you must download the Aforix program from the Ministry of Economy website. The presentation can be done in three ways:

• By ordinary mail, only in the case of private investors. The address is as follows:
  • Ministry of Economy, Industry and Competitiveness
    Paseo de la Castellana 162, Madrid 28046
    Put in the return address “For the attention of the General Secretariat for International Trade in Services and Investments.”
• In-person, through the General Registry of the Administration. That is, in any registry office of the administration.
• Telematically. For this assumption, it is necessary to have a digital certificate.

What happens if you don’t file it?

If Form D6 is not presented, the Ministry of Economy may impose a penalty of up to 25% on what is not declared with a minimum of 3,000 euros.

On the other hand, if the declaration is filed after the deadline, penalties of between 300 and 600 euros can be imposed, depending on whether the declaration is made during the first six months or that period has already elapsed.