Moving Abroad → Modelo 720 + 721 disclosure
Modelo 720 plus Modelo 721 — Spanish Foreign-Asset Disclosure
Spanish tax residents must file Modelo 720 annually to disclose foreign assets where any category exceeds €50,000 in aggregate. The three categories are: (1) bank accounts (cuentas en entidades financieras); (2) securities, insurance and pensions (valores, seguros y rentas); (3) real estate and rights over real estate. A new Modelo 721 covers foreign crypto-asset holdings above €50,000, in force for the 2023 calendar year (first filing in 2024). The 2022 CJEU ruling (Case C-788/19) struck down Spain's pre-existing disproportionate penalty regime; RDL 13/2022 reformed the penalty framework. The reporting obligation itself remains intact.
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In plain English
Modelo 720 is Spain's parallel to UK self-assessment foreign-asset reporting, but with sharper teeth historically. The form discloses, NOT taxes — the underlying income is reported separately on the IRPF return. The point is to give AEAT visibility into resident-held foreign assets so income, capital gains and wealth tax can be enforced. Three categories. Cross any €50,000 category threshold and that category must be reported. Once reported, re-file only if the category grows by more than €20,000 or you stop holding an asset. The 2022 CJEU ruling on disproportionate penalties forced Spain to overhaul the sanction regime, but the underlying obligation is unchanged. New for 2023 onward: Modelo 721 brings foreign-held crypto into the same disclosure framework. Spanish-resident UK pensioners, ISA-holders and property-investors typically all need to file Modelo 720; UK pensions and ISAs are NOT excluded from the disclosure.
How it works
Who must file
Any Spanish tax resident (under Art. 9 LIRPF; see /moving-abroad/spain/srt-and-spanish-residence-test) holding foreign assets above €50,000 in any of the three Modelo 720 categories on 31 December must file by 31 March of the following year. Spanish-source assets are excluded. Joint ownership: each holder declares the full value with their ownership percentage, not the apportioned share — AEAT then reads ownership share separately. Beckham Law special-regime taxpayers are exempt from Modelo 720 for the duration of the regime (one of the meaningful benefits of the special regime).
The three categories — what to disclose
Category 1 — bank accounts (cuentas en entidades financieras): all foreign bank accounts where you are holder, beneficial owner or authorised signatory. Report balances at 31 December and average Q4 balances. Category 2 — securities / insurance / pensions: shares, bonds, collective investment vehicles (UK OEICs/ETFs/unit trusts), insurance policies with cash value, pension rights including UK SIPP plus UK State Pension entitlement (Spanish guidance treats these as reportable rights). Category 3 — immovable property and rights over immovable property: foreign real estate, including UK BTLs, primary residence in UK if retained, and rights such as usufruct.
Modelo 721 — crypto-asset disclosure (from 2023 reporting)
Crypto-assets held in non-resident custody (foreign exchanges, foreign wallets where custodian is non-resident) above €50,000 at 31 December are disclosed on Modelo 721. Self-custody where keys are physically in Spain may fall outside, but AEAT guidance evolves; conservative practice files. Filing window 1 January to 31 March of following year. Modelo 721 supplements (does not replace) Spanish-resident-custody crypto reporting on Modelo 172.
Post-CJEU penalty regime
Pre-2022: penalties were fixed at €5,000 per omitted data point with a €10,000 minimum, plus undisclosed assets were deemed unjustified capital gains taxed at top marginal rates plus a 150% surcharge — no statute-of-limitations protection. CJEU 2022 (Case C-788/19) found this disproportionate and contrary to EU free-movement-of-capital. RDL 13/2022 (in force 5 July 2022) replaced this with standard general-tax-law penalties: late filing without prior request typically 20% surcharge plus interest; AEAT-requested late filings face proportionate penalties under Ley 58/2003 General Tributaria. The reporting obligation itself was not struck down.
Who this applies to + key conditions
- All Spanish tax residents above €50,000 in any category must file
- Beckham Law special-regime taxpayers are exempt from Modelo 720 during the regime
- Non-residents do NOT file Modelo 720
- Disclosure is independent of treaty allocation — DTA does not modify Modelo 720
- Modelo 721 (crypto) is separate from Modelo 720 and has its own €50,000 threshold
Statute + manual references
Primary: Modelo 720: Disposición Adicional 18ª Ley 58/2003 General Tributaria, regulated by Real Decreto 1558/2012 and Orden HAP/72/2013. Modelo 721: Real Decreto 249/2023 plus Orden HFP/887/2023.
Related: Real Decreto-Ley 13/2022 (penalty regime reform post-CJEU); CJEU Case C-788/19, Commission v Spain (27 January 2022); Ley 35/2006 LIRPF (substantive Spanish income tax); Ley 19/1991 Impuesto sobre el Patrimonio (wealth tax interaction)
HMRC manual: n/a (Spanish domestic disclosure regime)
Common mistakes + traps
- Assuming UK ISAs are excluded from Modelo 720 — they are not; they are reportable in Category 2
- Forgetting authorised-signatory bank accounts (e.g. on UK parents' accounts) — they trigger Category 1 reporting at full balance
- Re-filing every year unchanged — re-filing is only required if a category grows by more than €20,000 or an asset is closed
- Treating Spanish-resident-custody crypto as Modelo 721 reportable — it is Modelo 172, not 721
- Assuming the CJEU ruling killed the obligation — it killed the disproportionate penalty regime, not the reporting requirement
- Filing late after AEAT request without realising standard general-tax-law penalties now apply post-RDL 13/2022
- Beckham Law applicants forgetting the exemption is regime-specific and resumes once the 6-year regime ends
Worked example
Helena, Spanish-resident from 2025 with UK retained assets
Helena moved from Manchester to Málaga on 1 February 2025. By 31 December 2025 she holds: a UK current account £30,000; a UK Stocks & Shares ISA £80,000 (OEICs and ETFs); a UK SIPP £200,000; a UK BTL valued at £350,000; and a Coinbase account (US-based exchange) holding €60,000 of crypto.
- Residence: Helena is Spanish-resident under Art. 9 LIRPF for full 2025 calendar year — see /moving-abroad/spain/srt-and-spanish-residence-test. Modelo 720 obligation is triggered.
- Category 1 — bank accounts: UK current account €36,000 equivalent (using ECB end-Q4 rate, illustrative) — below €50,000 alone. If she also retains a UK savings account aggregate above €50,000, Category 1 is in scope. On these facts only one account, so Category 1 NOT triggered. Note: aggregate across all foreign bank accounts, not per-account.
- Category 2 — securities / insurance / pensions: UK ISA €95,000 + UK SIPP €238,000 = €333,000. Above €50,000 — Category 2 must be filed.
- Category 3 — immovable property: UK BTL €415,000 — above €50,000. Category 3 must be filed.
- Modelo 721 — crypto: Coinbase €60,000 above €50,000 threshold. Modelo 721 must be filed for 2025 calendar year by 31 March 2026.
- Filing: Helena files Modelo 720 by 31 March 2026 covering Categories 2 and 3 (not Category 1 because aggregate below €50,000). She files Modelo 721 separately for the crypto. She does NOT re-file Modelo 720 in 2027 unless Category 2 or 3 grows by more than €20,000 or an asset is disposed of.
- IRPF interaction: ISA income, SIPP rights, BTL rental and crypto gains are all reportable on Helena's Spanish IRPF 2025 return (filed June 2026), with UK credit relief under the DTA where applicable. Modelo 720 reports the asset existence; IRPF taxes the income.
Outcome: Helena files Modelo 720 for Categories 2 and 3 by 31 March 2026, plus Modelo 721 for crypto. She also files her Spanish IRPF 2025 return reporting worldwide income with treaty credit. She holds the position for AEAT review and pays Spanish wealth tax / ISGF where her worldwide net wealth exceeds the regional and state thresholds — see /moving-abroad/spain/wealth-tax-and-isgf.
How this connects to the rest of the framework
Spanish residence is the trigger for Modelo 720/721 obligation.
Beckham Law special-regime taxpayers are exempt from Modelo 720 during the regime.
Wealth tax base depends on the same foreign-asset valuations declared on Modelo 720.
The DTA does NOT override Modelo 720 — disclosure is independent of treaty taxing rights.
Related downloads
Frequently asked questions
What happens if I miss the Self Assessment deadline?+
Do I need an accountant or can I file Self Assessment myself?+
How do payments on account work?+
Is a UK ISA really reportable on Modelo 720?+
What happens if I forget to file Modelo 720?+
Beckham Law users — do they really skip Modelo 720?+
Do I report my UK State Pension entitlement on Modelo 720?+
Free + regulated-body resources
- AEAT — Modelo 720 →
AEAT online filing portal — Modelo 720 form and instructions
- AEAT — Modelo 721 →
AEAT online filing portal — Modelo 721 form and instructions
- CJEU Case C-788/19 (Commission v Spain) →
Judgment striking down the previous disproportionate penalty regime
- BOE — RDL 13/2022 →
Spanish official gazette text of the post-CJEU reform
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