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The consultant asks whether information on a foreign ETF can be omitted due to difficulty in obtaining its name and address. The DGT responds that the regulation requires disclosure of such details and that difficulty in obtaining data does not justify non-compliance.
Cuestión planteada
El artículo 42 ter del RGAT obliga a suministrar la razón social o denominación completa y el domicilio de las instituciones de inversión colectiva situadas en el extranjero. La dificultad para encontrar estos datos o los usos de la entidad financiera no constituyen un impedimento normativo para cumplir con la obligación. Los elementos de la obligación tributaria no pueden ser alterados por actos o convenios de los particulares.
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