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An insurance broker has enquired about the taxation of the transfer of their client portfolio in exchange for a percentage of future commissions. The DGT has determined that the transfer is subject to VAT and that the result for Income Tax purposes shall be treated as a capital gain or loss.
Cuestión planteada Tributación en el IVA y el IRPF.
La transmisión de una cartera de seguros es una operación sujeta al IVA, ya que no constituye una operación de seguro o reaseguro por falta de relación contractual con el asegurado. En el IRPF, la cartera es un elemento patrimonial afecto, por lo que su transmisión genera una ganancia o pérdida patrimonial. El contribuyente puede estimar el precio de transmisión o aplicar la regla de imputación proporcional para operaciones con precio aplazado.
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