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V1308-14 14 May 2014 · SG de Tributación de las Operaciones Financieras Criterion in force
OTRO · coaseguro comunitario

The reinsurer may fulfil tax obligations on behalf of non-resident insurers

The DGT confirms that if the reinsurance operation is considered carried out in Spain, the reinsurer will be responsible for calculating and submitting the annual tax declaration on behalf of the other insurers.

The question raised

Whether the tax obligations arising from the community co-insurance operation may be fulfilled by the opening insurance entity on behalf of the non-resident insurance entities.

The DGT's ruling

In community co-insurance operations carried out in Spanish territory, the opening insurance entity shall be responsible for fulfilling the obligations corresponding to the Insurance Premium Tax on behalf of all participating non-resident insurance entities. This same criterion applies to the obligation to report through the annual declaration of transactions with third parties.

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