Parts of the infamous Modelo 720 – Declaration of Overseas Assets ruled ILLEGAL by the ECJ

The Modelo 720 overseas asset declaration has always been one of the most disputed and controversial requirements from Hacienda. Now thanks to the dogged and determined work of two Spanish lawyers, Esaú Alarcón and Alejandro del Campo, the European Court of Justice (ECJ) have deemed some of the most contentious aspects of the Modelo 720 illegal, much to the dismay of Hacienda.

Since the controversial law was introduced by Mariano Rajoy’s government in 2012, it’s estimated that Hacienda has collected over €230m in fines, imposed for the incorrect or late declaration of the Modelo 720. Not only have these fines now been declared illegal, this ruling has opened the door for people to actually claim back payments made.

This is great news for people moving to Spain as tax and fiscal residency can be a major issue – this ruling means one of the most contentious tax processes has just been made much fairer and much simpler to navigate.

If you are coming to Spain on a Non-Lucrative visa, by default you will become a fiscal resident in Spain so ALWAYS take expert advice surrounding your fiscal obligations in Spain.

Although it’s taken a while, the decision by the ECJ has been welcomed across the board (except by Hacienda of course) and if you’d like to find out more, here are some links to Spanish and English articles – happy reading!

English
https://www.surinenglish.com/spain/europe-considers-penalties-20220128094956-nt.html

https://www.thenomadtoday.com/articulo/economy/eu-court-says-overseas-assets-declaration-required-by-spain-is-illegal/20220127120400016239.html

Spanish
https://www.eleconomista.es/economia/noticias/11592142/01/22/Europa-tumba-el-Modelo-720-gracias-al-trabajo-de-dos-fiscalistas-espanoles.html

https://as.com/diarioas/2022/01/28/actualidad/1643399914_377652.html

The information in this article was current on the date published.
Article last reviewed/updated 05.08.2022

Share this page on social media
Chris Goodacre

Recent Posts

What is John Lennon doing in Almeria?

No visit to Almería is complete without a walk around its fantastic old town, or…

3 months ago

What documents DON´T you need for your NLV Renewal

https://www.youtube.com/watch?v=WArH9rrWM_A&t=24sWe always focus on the documents needed for your Non-Lucrative Visa (NLV), but the good…

4 months ago

Fun on the Mediterranean – Boat trips in Malaga

Malaga’s enviable position on the Mediterranean coast of Spain means that it’s a prime location…

4 months ago

Hospital Civil Málaga

Hospital Civil in Málaga, established in 1489, is a historic medical institution with over 500…

4 months ago

National Police Station Granada City – Foreigner’s Office

If you live in the province of Granada, one of the options for completing your…

4 months ago

The Victoria Beer Factory Tour – Malaga

Since moving its factory back to Málaga in 2014, Cervezas Victoria, or Victoria Beers, has…

5 months ago