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V2142-16 18 May 2016 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · diferimiento por reinversión

Deferral for reinvestment in foreign UCITS may apply if transactions are conducted through a distributor registered with the CNMV

A bank branch in Spain has requested a ruling on whether its clients can benefit from the reinvestment deferral for foreign UCITS when custody is held via a sub-account at a parent entity abroad. The DGT has ruled that if the sub-account agreement designates the Spanish distributor as the primary, necessary, and exclusive intermediary, the legal requirement is met.

The question raised

Question posed: Application of the deferral regime for reinvestment between units and shares of collective investment schemes provided for in Article 94 of Law 35/2006 on Personal Income Tax.

The DGT's ruling

To apply the deferral regime of Article 94 of the Personal Income Tax Law (LIRPF) to foreign collective investment schemes, operations must be carried out through marketing entities registered with the CNMV. This requires the taxpayer to direct the order to the marketing entity and for said entity to act as the primary, necessary, and exclusive intermediary. In the case analyzed, the sub-account agreement, which mandates that all operations pass through the Spanish marketing entity and provides for its contractual substitution, fulfills this requirement.

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