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V1505-14 9 June 2014 · SG de Tributos Criterion in force
OTRO · número de identificación fiscal

Non-residents can operate without providing NIF using specific investment accounts

An investment society asks whether it can exempt non-resident clients from disclosing their NIF when operating with investment funds. The DGT confirms this is possible if certain investment account requirements are met.

The question raised

1. Can the exceptions to the obligation to require a Tax Identification Number (NIF) for said non-resident clients be applied under paragraphs b) and f) of article 27.2 and sections 7 and 9 of article 28 of the General Regulation of tax management and inspection proceedings and the development of common rules for tax application procedures, approved by Royal Decree 1065/2007, of July 27 (BOE of September 5), hereinafter RGAT?

The DGT's ruling

Non-resident clients are not obliged to provide their Tax Identification Number (NIF) for operations with collective investment institutions if these are carried out through securities accounts that meet two requirements: being held in the name of persons or entities that have proven their status as non-residents and ensuring that their returns are not paid to an establishment of the holder in Spain. Non-resident status must be proven by means of a certificate of tax residence or a declaration adjusted to the official model.

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