Declaration, settlement and payment

Declaration, settlement and payment

Declaration / Settlement to the Consorcio de Compensación de Seguros

Insurance companies are obliged to declare surcharges and their corresponding policies, and to present the filled-in forms as the settlement resulting of the declaration of the Complementary Information File through the SIR system of surcharges and taxes collected on behalf of Consorcio.

By means of the Order of March 27, 2018 of the Presidency of Consorcio de Compensación de Seguros there is no longer need to present the declaration and settlement forms if during a given period of time there were no policy movements to be informed.

The non-compliance of paying the surcharges received by the insurance company to the Consorcio in the legally established term and manner will involve, without detriment to the administrative responsibilities and, if applicable, the criminal responsibilities which could have been incurred, the obligation of paying the legal interest during the period of arrears and additionally, the loss of commission for the collection processing in the case of the surcharges for extraordinary risks, both Direct Damages and Business Interruption. In the case of the surcharges applied to fund the winding-up of insurance undertakings, an interest for late payment will be applied.

In accordance with that set forth in Article 194.18 of the Law on arrangement, supervision and solvency of insurance and reassurance companies, the incorrect retaining of the surcharges collected in the Consorcio's favour, not paying them in within the deadline, is considered to be a very serious offence in accordance with that set forth in article 195.12 of the abovementioned law, the non-collection in the relevant term and manner, doing so incorrectly in an insufficient way and in general, not meeting the compulsory collection obligations of the legally demandable surcharges in the Corsorcio's favour is considered to be a serious offence.

Use of telematic means

The presentation of self-settlements of surcharges and premiums in the favour of the Consorcio must be carried out using telematic means. It will be performed using the Consorcio web site, at the electronic address: www.consorseguros.es.

In order to perform the self-settlement, it's necessary to fill-in the Complementary Information File (FIC) of the policies corresponding to the declared surcharges, with their insured capital and their geographical location. Once validated the information contained at the FIC, the Surcharge Information System (SIR) will generate automatically the following declaration models, depending on the case:

  • Model 10: Extraordinary risks, direct damages (property loss and personal injury).
  • Model 11: Extraordinary risks, business interruption.
  • Model 20: Compulsory MTPL.
  • Model 50: Surcharge to fund the winding-up activity of insurance undertakings.

Procedure

The procedure is established at:

  1. Order of October 31, 2018, of the Presidency of the Consorcio de Compensación de Seguros, by means of which the terms and procedure to declare and deposit the surcharges collected by the insurance undertakings are established (BOE No.292 of December 4).
  2. Document: "Especificaciones de la interfaz de datos, versión 5"

(Documents available in section "Insurance Entities" - "Procedures Frequent "-" Recharge Information System -S.I.R.- "-" Regulations and Specifications ")