Starting February 3, 2025, all companies will be required to report the identity of their beneficial owners to the Tax Agency through Modelo 036. This measure, established in Order HAC/1526/2024 and published in the BOE on January 9, 2025, aims to enhance tax transparency, prevent fraud, combat money laundering, and curb terrorist financing.
Who Are Considered Real Owners?
Individuals who own or control more than 25% of the share capital or voting rights.
Exercise effective control over the company through other means.
If neither of the above applies, the company administrator will be considered the real owner.
If the administrator is a legal entity, the identity of the individual representing it must be declared.
Mandatory Data in Model 036
To comply with this tax obligation, businesses must include the following information for each real owner in the new page 10 of Model 036:
Full name
National ID (DNI/NIE)
Date of birth
Nationality
Country of residence
Country of document issuance
Updates in Model 036
Model 036 has been updated to include the declaration of real owners.
Authorization for using phone and email for tax notifications will be allowed.
Information must match the data provided in Model 200 for Corporate Tax and the TR sheet of the Commercial Register.
Fines and Penalties for Non-Compliance
Failure to report or incorrect reporting may result in fines between €300 and €400.
An additional penalty of €20 will be applied for each incorrect or missing data entry related to a real owner.
How to Comply with the New Tax Regulation
Review your business structure.
Identify real owners and gather the required information.
Update tax records.
Ensure that the data in Model 036 is accurate and complete.
Meet deadlines.
Any changes in real ownership must be reported within one month.
Real ownership information was already required in Model 200 for Corporate Tax, but it has now been extended to Model 036, making it a mandatory and recurring requirement for businesses.
Need help with the declaration of real owners?
Contact us for expert guidance on filing Model 036 to avoid penalties and ensure full compliance with this new tax obligation.
