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Practical guide for completing census form 036

State agencies (Q)

(Law 28/2006, of July 18, on State Agencies for the Improvement of Public Services REPEALED BY LAW 40/2015)

Important note :

In accordance with the sole repealing provision of Law 40/2015, until the adaptation period for existing agencies in the state public sector concludes, in accordance with the provisions of the Fourth Additional Provision, Law 28/2006 of 18 July will remain in force.

In general terms, the incorporation procedure is as follows:

  • Preparation of a Report and a draft Statute by the competent Ministries or those affected by the subject matter.
  • Authorization by Law for its creation
  • Approval of its Statute by Royal Decree
  • It will also be necessary to provide:
  • Photocopy of the NIF of the person who signs the census declaration, who must be a person with capacity or a representative. If the interested party appears before the Tax Authority, it will not be necessary to provide a photocopy of the NIF , provided that he/she authorizes the bodies of the AEAT to verify his/her identity data.
  • Original and photocopy of the document that proves the status of the person who signs the census declaration.

Furthermore, Law 28/2006 provides for the creation of State Agencies through the transformation of existing Public Bodies. Thus, in the fifth Additional Provision, the Government is authorized to proceed to transform existing Public Bodies into State Agencies, whose objectives and activities conform to the nature of State Agencies. In these cases, the transformation will be made by Royal Decree of the Council of Ministers.

Law 40/2015 establishes the obligation to register the creation, transformation or extinction of any entity comprising the institutional public sector in the new Inventory of Entities of the State, Autonomous and Local Public Sector. This registration will be a necessary requirement to obtain the definitive tax identification number from the State Tax Administration Agency.