ruling<\/a>, the court considers that being aware of the standard\u2019s existence does not automatically entail guilt. In this sense, it is important to consider that one thing is to hide the ownership of assets abroad and not submit Form 720 Spain, and another very different is not having any intention of hiding assets and submitting the form after the deadline but before being requested to do so by the Treasury Department. The court also concludes that if the subjective factor of the offence cannot be proven and the penalty is imposed based on a generic motivation, this penalty must be overturned since it\u2019s sole basis is a presumption of intent.<\/li>\n<\/ul>\nAs you have seen, although the European Commission is clear as regards its opinion relating to the penalties arising from non-compliance in Form 720 Spain<\/strong> submissions, on the one hand, the Spanish legislation has not yet changed to comply with the EC\u2019s warning and, on the other, the Spanish courts do not have a unanimous opinion to this regard and therefore work on a case-by-case basis.<\/p>\n<\/div><\/div><\/div><\/div><\/div>