Spain: If you're an importer, your VAT financial cost could be reduced
International Tax Review is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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

Spain: If you're an importer, your VAT financial cost could be reduced

luis.jpg

Arantxa de Luis

As is common knowledge, article 211 of Council Directive 2006/112/EC of November 28 2006 (VAT Directive) leaves it to the member states to lay down rules for payment in respect of the importation of goods and provides the option to establish that VAT on import need not be paid at the time of the import but rather in the periodic tax return. This election permits avoiding the financial effect derived for taxable persons from having to pay the import VAT and then recover it through deduction in the periodic VAT returns.

To date, the Spanish legislature had not made use of the option provided in the VAT Directive and, thus, the import of goods in Spain had an adverse financial effect which, at times, makes the entry of goods through Spanish ports or airports disadvantageous.

Indeed, up until 2008, Spanish legislation required the payment of the import VAT in order to exercise the right to the deduction, a requirement which gave rise to important court proceedings due to the incompatibility of this requirement with Community legislation (those judgments were favourable for taxpayers) as was eventually confirmed by the Court of Justice in its Veleclair judgment (C-414/10).

On November 28 2014, the VAT Law reform was published which, along with the Royal Decree amending the VAT Regulations (published on December 20 2014), introduces a new system of deferral of import VAT, in application of the option provided in Community legislation.

According to the legislative change, although the VAT chargeable on the import will continue to be calculated by the customs authorities, it will be collected and paid via the VAT return for the period in which the VAT assessment is received.

The new law thus replaces the current system for collecting import VAT, under which the VAT has to be paid when the goods are released for consumption at the customs office and deducted through its inclusion in the periodic return (form 303), as output VAT and also as input VAT, thereby preventing the financial loss arising for the importer under the current system.

The regulations implementing this amendment state that this is an optional system which can be applied by taxable persons whose tax period coincides with the calendar month.

In relation to the foregoing, monthly VAT returns are filed when a €6,000,000 threshold is exceeded or where the company elects to apply the monthly refund system (which leads to additional formal obligations, such as the electronic filing of the VAT books).

In relation to nonresident companies which do not operate through a permanent establishment for VAT purposes, a priori, the new import VAT deferral system would not be applicable, unless they have to file monthly VAT returns in the terms described above.

The election to apply this new system must be made when filing the notification of commencement of activity or, otherwise, in the month of November preceding the year in which it is to take effect, although, as may be expected, for 2015, the deadline has been extended to the end of January, given that the changes will not take effect until January 1 2015. The election will relate to all the imports made by the taxable person and will be automatically renewed unless the taxable person opts out of, or stops being eligible for, the system (where the taxable person's tax period no longer coincides with the calendar month).

Arantxa de Luis (arantxa.de. luis@garrigues.com), Madrid

Garrigues – Taxand

Website: www.garrigues.com

more across site & bottom lb ros

More from across our site

The reported warning follows EY accumulating extra debt to deal with the costs of its failed Project Everest
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
Paul Griggs, the firm’s inbound US senior partner, will reverse a move by the incumbent leader; in other news, RSM has announced its new CEO
The EMEA research period is open until May 31
Luis Coronado suggests companies should embrace technology to assist with TP data reporting, as the ‘big four’ firm unveils a TP survey of over 1,000 professionals
The proposed matrix will help revenue officers track intra-company transactions from multinationals
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
The ‘big four’ firm has threatened to legally pursue those behind the letter, which has been circulating on social media
The guidelines have been established in the wake of multiple tax scandals and controversies that have rocked the accounting profession
KPMG Netherlands’ former head of assurance also received a permanent bar and $150,000 fine; in other news, asset management firm BlackRock lost a $13.5bn UK tax appeal
Gift this article