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V0235-17 31 January 2017 · SG de Tributos Criterion in force
IRNR · número de identificación fiscal

Credit institutions must request Tax Identification Numbers from non-residents for non-deposit or non-securities accounts

A credit institution has enquired whether it is obliged to request Tax Identification Numbers (NIF) from non-residents with whom it conducts transactions such as financial derivatives, factoring, or guarantees. The Directorate-General for Taxes (DGT) responds that the obligation to report the NIF exists whenever the relationship has tax implications, except in the case of non-resident asset, liability, or securities accounts that are duly verified.

The question raised

Question posed: Is the applicant obliged to request the communication of the tax identification number (NIF) from said non-residents?

The DGT's ruling

Persons or entities conducting operations with Spanish credit institutions must communicate their Tax Identification Number (NIF) if the relationship has tax implications. There is no obligation to communicate the NIF for euro or foreign currency accounts (assets, liabilities, or securities) held in the name of non-residents who prove their status by means of a certificate of tax residence or an official declaration. However, this exception does not apply if the returns are paid to an establishment of the holder in Spain. The concept of an account must be understood in its usual sense, and therefore does not include contracts such as derivatives, factoring, or guarantees.

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