Devil in the detail? Spain introduces simplified process for rectifying VAT returns
International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Devil in the detail? Spain introduces simplified process for rectifying VAT returns

Sponsored by

logo.png
Magnifying glass

Fernando Matesanz of Spanish VAT Services casts a critical eye over the ‘odd and complex’ implementation of a new system that is designed to simplify Spain’s corrective VAT returns process

A regulation approved in Spain on August 5 2024 introduces a series of modifications to VAT forms, with the aim of implementing a new rectifying VAT return (autoliquidación rectificativa).

The intention is to simplify the procedure for rectifying VAT returns that were previously filed. These corrections may occur for several reasons, such as errors in previous VAT returns leading to an additional VAT amount to pay or to an extra VAT refund to be claimed.

The truth is that the current procedure available in Spain is extremely complex and it is necessary in some cases, and under certain circumstances, to open a review procedure with the Spanish tax authority, which can take several months to be closed, and there was an urgent need to modify it.

Explanation of the new process

With this new legislation, the possibility of submitting a rectifying VAT return is permitted as a general rule, with the exception of the rectification of VAT amounts unduly charged to other taxpayers and the rectification of VAT amounts corresponding to operations under OSS and IOSS regimes. In these two cases, a special application, in written format, must be sent to the Spanish authorities.

Apart from the above two cases, the submission with the Spanish tax office of a rectifying VAT return will be possible, regardless of the result of the return (including a VAT refund claim), which had hitherto not been possible in all cases.

To be able to file rectifying VAT returns, a series of boxes and sections are added to the VAT forms – some of them complex to understand – that must be completed by the taxable person depending on the circumstances that motivate the rectification.

In this sense, the taxable person must decide on their own whether the rectification is due to discrepancies in administrative criteria, to a violation of a higher-level VAT rule (such as the VAT Implementing Regulation of the VAT Directive), or to any other reason.

The Spanish VAT rules do not give further clues as to what should be understood by ‘a discrepancy of administrative criteria’. It is not clarified if the discrepancy can be, for example, with a decision from a tax management department within the Spanish tax authorities, with the inspection body, with a Spanish court, or with any other tax administrative body in Spain. It is, therefore, an extremely complex decision that has to be taken by the taxable person when preparing their rectifying VAT return. The decision is important because depending on it, the boxes and procedure to be completed in the VAT form are different.

In addition, it is not possible to accompany the declaration with any complementary documentation that supports the claims of the taxable person.

To further complicate the matter, different boxes are included for the application of the refund. In other words, depending on the way in which the taxpayer has carried out the rectification, the same VAT form may result in two types of refunds:

  • Those derived from the normal VAT regulations (a ‘normal’ VAT refund); and

  • Those derived as a result of amounts erroneously paid through a previous return and that are now intended to be rectified.

The new rectifying returns will be applicable for the first time to VAT returns corresponding to the month of September 2024 and to the third quarter of 2024 for taxable persons with a monthly and a quarterly VAT assessment period, respectively.

Final thoughts: laudable intent but questionable implementation

As one can see from the above, although the idea behind this new VAT return form is good –namely, simplification, at least according to the Spanish tax authority’s explanation of the motivation behind the new legislation – it has been implemented in an odd and complex way that forces VAT-able persons to make a series of difficult decisions while preparing their VAT returns. This will make it extremely difficult to process rectifications of VAT assessments.

Since no such return has yet been filed (the first ones will be filed soon), its impact is unknown. However, it is to be expected that it will create doubts and potential errors on the part of taxable persons, with the possible imposition of penalties. What initially seemed like a good plan for companies may, in the end, be good business for the Spanish tax administration.

more across site & bottom lb ros

More from across our site

Jim Chalmers’ opposite number also criticised the embattled firm, but argued that the government’s response to the tax leaks scandal had gone too far
The firm’s new Asia-Pacific head James Badenach tells ITR that A&M Tax can provide an alternative in the region to a “constrained” ‘big four’
As the firm declined to speak with ITR over its progress, senator Deborah O’Neill branded PwC Australia’s recent parliamentary responses as ‘unsatisfactory’
A Swedish company’s CEO working part-time in Denmark led to a noteworthy PE decision; in other news, Latham & Watkins grew its London tax team
Rather than outright replace human intelligence, AI solutions can serve as the ‘infinite intern’ tax advisers need to automate onerous tasks, argues Russell Gammon of Tax Systems
The lack of provision for bilateral advance pricing agreements is a notable omission from proposed reforms of Brazil’s transfer pricing rules
Ursula von der Leyen is under pressure to ensure her new team makes competitiveness a top priority. How tax policy is designed and implemented is crucial, writes Ralph Cunningham
Speaking exclusively at ITR’s Transfer Pricing Forum in Europe, the Commission’s Marc Clercx also addressed industry concerns over the arm’s-length principle
After a protracted offensive from 10 Australian professional bodies, a Senate motion to strike out contentious new tax ethical rules has failed, but concessions were secured
The closely watched decision represents the final nail in the coffin for Apple and serves as a warning to other multinationals, experts have suggested
Gift this article