Among the intended changes to be introduced into the Spanish VAT regulations since 1st January 2015, a new optional regime was introduced whereby the VAT…
Among the intended changes to be introduced into the Spanish VAT regulations since 1st January 2015, a new optional regime was introduced whereby the VAT accrued on imports could be postponed to the moment when the same could be declared at the periodical VAT return.
Law 28/2014 of November 27 and Royal Decree 1073/2014, of December 19 have finally introduced the commented optional scheme, which can be applied for by those taxpayers obliged to file monthly VAT returns, namely:
- Big companies (those with a turnover exceeding 6.010.121,04 Euros),
- Taxpayers applying the special monthly refund regime,
- Taxpayers applying the special VAT grouping regime.
As a result, since 1st January 2015 companies having applied for this new special regime are entitled to settle the import VAT quotas assessed by customs through their inclusion in the VAT return corresponding to the period when they receive the liquidation document. So, under this special regime, import VAT will be included both as charged VAT and deductible VAT similar with what happens in cases where the reverse charge rule applies. This new rule is an implementation of the postponed accounting via the VAT return contemplated in article 211 of the VAT Directive.
From a formal point of view, Order HAP / 2484/2014, of December 29 amends the census declaration (form 036) so to include the possibility of exercising the option for this new payment system of the VAT on imports, which will have to be communicated by checking box 530 contained in section F (“Import VAT payment”) of the said form. This option should be communicated in the census declaration where the commencement of the activity is declared or, for existing companies deciding to apply for the special regime, in November of the calendar year prior to the one in which the same shall enter into force. As an exception, however, companies can apply for the application of the regime during January 2015, the same being thus applicable from 1st February 2015.
Pablo Luján Gil