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A company sought clarification on whether outsourced customer acquisition services for an insurer were exempt from VAT. The DGT ruled that, as these services involve activities related to the conclusion of contracts, they are considered services relating to insurance operations carried out by agents or brokers.
Cuestión planteada Si la actividad subcontratada por la consultante está sujeta y exenta del Impuesto sobre el Valor Añadido.
Los servicios de captación de clientes subcontratados pueden acogerse a la exención del artículo 20.Uno.16º de la Ley 37/1992 si cumplen dos requisitos. Primero, el prestador debe mantener una relación (aunque sea indirecta) con el asegurador y el asegurado. Segundo, su actividad debe cubrir aspectos esenciales de la función del agente, como participar en la celebración de los contratos de seguro.
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