Jacob Salama Tax Lawyer
Jacob SalamaInternational Tax Lawyer · Spain
CRS · Modelo 720 · Automatic Exchange · Israeli Accounts

CRS & FATCA Reporting Between Israel and Spain: What the AEAT Already Knows

Israel joined CRS in 2017. The AEAT receives annual data on Israeli accounts held by Spanish residents. Here is what that means for Israelis in Spain — and what happens if accounts go undeclared.

📅 May 2026 ✍️ Jacob Salama 🕐 9 min read

Important notice: This article is for general information only and does not constitute legal or tax advice. Every tax situation is unique — contact Jacob Salama for personalised advice.

The End of Financial Privacy Between Israel and Spain

Since 2017, Israel has participated in the OECD's Common Reporting Standard (CRS) — the multilateral framework for automatic exchange of financial account information between tax authorities. Spain is a CRS participating jurisdiction. This means that every year, the Israeli Tax Authority (ITA) transmits information on Israeli financial accounts held by Spanish tax residents directly to the Spanish Agencia Estatal de Administración Tributaria (AEAT).

The practical consequence is stark: the AEAT now has access to Israeli banking data that was previously invisible. Israeli accounts at Bank Hapoalim, Bank Leumi, Mizrahi-Tefahot, Bank Discount, First International Bank of Israel (FIBI), and all other Israeli financial institutions are reportable. Investment portfolios, Kupat Gemel balances, insurance policies with investment components, and even some Keren Hishtalmut accounts may fall within the CRS reporting obligations.

How CRS Works: The Reporting Chain

The CRS reporting chain operates as follows:

  1. Israeli financial institutions identify account holders: Banks, brokers, fund managers, and insurance companies are required to perform due diligence to identify whether any account holder is a tax resident of a CRS-participating country other than Israel.
  2. Self-certification: When opening accounts, institutions ask customers to self-certify their tax residency. An Israeli who has moved to Spain but maintains Israeli accounts must certify Spanish residency — triggering reporting obligations.
  3. Annual reporting to the ITA: Israeli financial institutions report identified accounts to the ITA, which aggregates and transmits the data to the AEAT under the bilateral MCAA (Multilateral Competent Authority Agreement).
  4. AEAT cross-referencing: The AEAT receives the data and cross-references it against the taxpayer's IRPF return, Modelo 720, and other compliance submissions.

What the AEAT receives: For each reportable Israeli account, the AEAT receives the account holder's name, Spanish TIN (NIE or NIF), account number, account balance at year-end, and income credited during the year (interest, dividends, capital gains proceeds). The exchange is annual and automatic — no request is required from Spain.

Modelo 720: The Spanish Foreign Asset Declaration

Independent of CRS, Spanish tax residents have been obliged since 2012 to file Modelo 720 — a declaration of foreign assets exceeding threshold values. The three reportable categories are:

Israeli assets in all three categories are reportable. For Israeli nationals who have relocated to Spain, this typically means declaring:

Modelo 720 is filed electronically by 31 March each year for the prior 31 December position. It does not need to be filed every year — only in the year of first declaration and in any subsequent year where a declared value has increased by more than €20,000 in any category, or where a new category crosses the €50,000 threshold.

The CJEU Ruling and the Revised Penalty Regime

The original Modelo 720 penalty regime was disproportionately severe. Non-disclosure attracted:

In February 2022, the Court of Justice of the EU ruled in Case C-788/19 (Commission v Spain) that these penalties were disproportionate and incompatible with EU fundamental freedoms. Spain enacted Royal Decree-law 13/2022 to bring the regime into compliance. The revised penalties are substantially lower:

Infraction TypeOld PenaltyRevised Penalty (post-2022)
Failure to file within deadline€5,000/element (min €10,000/category)€250–€1,000/element (max €10,000)
Incorrect or incomplete declaration€5,000/element€250–€1,000/element
Unjustified capital gain treatment150% penalty on tax equivalentStandard surcharges (10%–20%)

Warning: Even with reduced penalties, failure to file Modelo 720 remains a serious compliance risk. The AEAT cross-references CRS data against Modelo 720 filings. Where a discrepancy is found — an Israeli account reported via CRS that does not appear on Modelo 720 — the AEAT will open an inquiry. The combination of back taxes, interest, and penalties can still be substantial.

What the AEAT Does with CRS Data

The AEAT uses CRS information in three main ways:

1. Cross-Referencing Against IRPF Returns

If the AEAT receives CRS data showing that a Spanish tax resident earned Israeli dividends or interest of €10,000 in a given year, and the taxpayer's IRPF return for that year does not include this income, the AEAT will issue a preliminary notification (propuesta de liquidación provisional) requesting an explanation or amended return.

2. Verifying Modelo 720 Completeness

CRS data confirms the existence of Israeli accounts. If a taxpayer declared their account balances on Modelo 720 but understated the values, the CRS data provides a comparator. The AEAT can identify material discrepancies without conducting a full tax inspection.

3. Targeting Tax Inspections

The AEAT's risk-profiling algorithms identify taxpayers with foreign financial income not matching declared amounts. Israeli nationals with significant Israeli financial assets who have failed to file correctly are a high-risk profile under these models. Tax inspections triggered by CRS data can extend to all open years (generally four years under the general statute of limitations, or longer in specific circumstances).

Voluntary Regularisation: Avoiding the Worst Outcomes

For Israeli nationals who are Spanish tax residents and have not yet fully declared their Israeli accounts and income, the most important action is to regularise voluntarily before the AEAT makes contact. Voluntary regularisation — filing amended IRPF returns and, where applicable, a late Modelo 720 — significantly reduces penalties and prevents criminal tax fraud proceedings (which apply to tax fraud exceeding €120,000).

The process involves: identifying all undeclared Israeli assets and income; calculating the tax due for each open year; preparing and filing amended returns; and negotiating with the AEAT where applicable. Jacob Salama's office handles voluntary regularisation procedures for Israeli nationals and can manage the process on your behalf.

Israeli Accounts Undeclared in Spain? Act Before the AEAT Does

Jacob Salama advises Israelis in Spain on CRS compliance, Modelo 720 filings, voluntary regularisation, and managing AEAT inquiries related to Israeli financial accounts.

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Frequently Asked Questions

Yes. Israel joined the OECD Common Reporting Standard (CRS) and began automatic exchange of financial account information in 2017. Spain is a participating jurisdiction. Israeli banks, brokers, insurance companies and other financial institutions are required to identify accounts held by Spanish tax residents and report them to the Israeli Tax Authority, which then transmits the information to the Spanish AEAT annually.
Under CRS, the AEAT receives the following data for each Israeli account belonging to a Spanish tax resident: account holder name and tax identification number, account number, account balance or value at year end, gross interest paid or credited, gross dividends paid or credited, gross proceeds from sales of financial assets, and gross other income. This data is received annually and cross-referenced with the taxpayer's Spanish IRPF return and Modelo 720.
Modelo 720 is Spain's annual declaration of foreign assets. Spanish tax residents must file it if they hold foreign financial accounts, securities, or real estate with a total value exceeding €50,000 per category. Israeli bank accounts, investment portfolios, Keren Hishtalmut, Kupat Gemel, and Israeli real estate must all be declared if they meet the threshold. The filing deadline is the end of March each year, covering assets held as of 31 December of the previous year.
Following the CJEU ruling in Case C-788/19 (2022) and Spain's legislative amendment, the revised penalties are €250–€1,000 per data element for late filing (maximum €10,000 per category), and standard tax surcharges (10%–20%) on any underlying tax underpayment. The original draconian regime of €5,000 per element plus 150% penalties has been struck down, but the obligation to declare remains in full force. The AEAT cross-references CRS data against Modelo 720 filings.
FATCA (Foreign Account Tax Compliance Act) is a US law requiring foreign financial institutions to report accounts held by US persons. FATCA applies to Israeli banks reporting US-connected accounts to the IRS. For Israeli nationals who are not US persons, FATCA does not directly apply to their Israeli accounts. However, CRS operates independently of FATCA and fully covers the Israel-Spain exchange of information. An Israeli national who is a Spanish tax resident should not confuse CRS and FATCA — both may apply simultaneously to different aspects of their financial life if they also have US connections.
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